Loading...
HomeMy WebLinkAbout1981-05-05 Info PacketV, - a..... City of Iowa City MEMORANDUM DATE: April 24, 1981 TO: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule April 27, 1981 NOTE LATE STARTING TIME Monday 3:30 - 5:OD P.M. Conference Room 3:30 P.M. - Review zoning matters, including Benton Street extension 3:45 P.M. - Council time, Council committee reports 4:00 P.M. - Police Department salary adjustments - City Manager 4:15 P.M. - Airport Commission - long range development plans 5:00 P.M. - Executive• Session - Collective Bargaining and litigation• April 28 1981 Tuesday NO CITY COUNCIL MEETING PENDING ITEMS Area Transportation Study Economic Development Program Housing Inspection, Licensing and Fees Meet with Parks and Recreation Commission regarding parkland acquisition Appointments to Mayor's Youth Employment Program and Committee on Community Needs - May 5, 1981 Appointments to Design Review Committee - June 2, 1981 j MICROFILMED BY iJORM MICRO_ LAB "CEDAR RAPIDS•DES MOVIES 65a. :1 �. I CITY OF 1 CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.18aD April 21, 1981 Dear The purpose of this communication, on behalf of the City Council, is to direct your attention during the selection process for the new President of the University of Iowa to those attitudes and qualities which demon- strate a candidate's ability to support and maintain the excellent { relationship which now exists between the City and the University. It is critical, from the standpoint of the City, that communications with the University be frequent and open in order that our mutual problems and concerns may be discussed and resolved on an ongoing basis. We appreciate the efforts and willingness of the current Universiirit of ty adminis- tration cooperatiothis ngcontinue, gard. We ael it spiritswhichrinive that this recent years hasrresulted in the the successful resolution of mutual concerns such as the avail- ability of land for the new county jail, streetscaping of property ! adjacent to the downtown redevelopment areas, and addressing the issue of traffic flow improvements in the Melrose Avenue corridor area. I sincerely hope that the new administration will view these and other cooperative efforts as absolutely essential to the best interests of the University. I believe we owe it to all of our citizens to ensure that the benefits of this kind of cooperation will continue to be realized in our community. Please do not hesitate to contact me at a time if j assistance to you during the selection process. you feel I may be of Sincerely yours, i a I John R. Balmer This letter was mailed to each Mayor member of the selection committee. cc: City Council City Manager bdw/sp I i I MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES MOINES 4s! ...7 7 F a, CITY CIVIC CENTER n OF 410 E. WASHINGTON ST OWA CITY IOWA CIN, IOWA 52240 (319) 356-5000 65� April 16, 1981 The Honorable Jim Leach U.S. Representative 1406 Longworth House Office Building -: Washington, DC 20515 Dear Jim: When you return from Easter recess the House is expected to consider the. First Budget Resolution for FY81 which includes a proposed cut of $350 million in General Revenue Sharing. Local government will bear a substantial portion of the other budget cuts being recommended. For many cities, General Revenue Sharing will have to be used to absorb these program cuts. In addition, Congress made a commitment for a three-year extension of General Revenue Sharing. Your continuing support of General Revenue Sharing with the deletion of the $350 million cut is a necessity for Iowa cities. Si cerely yours, ohn R. Balmer Mayor bj/sp f Same letter sent to: I cc: City Council Representatives Ileal Smith Tom Harkin Thomas Tauke Cooper Evans Berkley Bedell R I n - I MICROFILMED BY ' 'JORM MICRO_ LAB 'CEDAR RAP IDS- DES MOINES 65� April 21, 1981 PUBLIC TRANSIT DIVISION 5268 NW 2nd Avenue, Des Moines, Iowa\ 50313 515/281-4293 Mr, ia. 090 Mr. John Lundell, Transportation Planner l J' Johnson County Council of Governments / 410 E. Washington Street 1 Iowa City, Iowa 52240 �ll Dear John: The purpose of this letter is to attempt to provide you with the information concerning FY'82 Section 18 funding levels, that you requested during a recent telephone conversation. You will surely recall the specific transit operation we were discussing was that of Iowa City. The City of Iowa City could expect to be eligible for a total of $221,985.00 in funding which would be made available to Iowa City Transit beginning in FY182. These funds may be used for either capital or operating projects, over a two year period beginning July 1, 1981. i The City of Iowa City must understand that eligibility for these funds is contingent upon receiving no UMTA Section 5 funds. Also, the city should not count on additional funding from the Section 18 program n because o e current ou oo regardiR rainsi� operating subsidies. If you have additional comments or questions on this issue, please do not hesitate to contact me at your convenience. Cordially, Doug R9 rs, t a ager j Public Trang t Div Sion DR:cn i cc: F11WA - H. A. Willard I UMTA - Lee Waddleton I I i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES G 5�� I City of Iowa City MEMORANDUM& Date: April 23, 1981 C�► y� To: City Manager and City Council F From: Hugh Mose, Tt Manager andelanning Lundell, Transportation Planner Re: Duties of Transit Management and Division Staff Apparently there has been some misunderstanding regarding the duties and responsibilities of the Transit Manager, the Assistant Transit Manager, the Transportation Planner and his Assistant. This memo will hopefully clarify who is doing what in the transit organization. The Transit Manager has responsibility for the overall operation of the City's transit system. His major areas of concentration are as follows: 1. Acts as contact person for the City administration and City Council. 2. Handles public relations - citizen complaints, news media, group presentations, etc. 3. Provides coordination with other local transit operators. 4. Develops and implements operating policies and procedures. 5. Interprets and administers labor contract. 6. Prepares and monitors transit budget. 1. Has responsibility for route and schedule planning. 8. Prepares specifications and assists Purchasing Agent with capital acquisitions. 9. Plans and develops transit marketing programs. 10. Works extensively with State and Federal transit agencies. The Transit Manager works a variety of shifts, including two days a week when he comes in at 6:00 AM and one day when he works until 10:30 PM. Also, the Transit Manager is responsible for afternoon and evening operations every other Saturday. The Assistant Transit Manager has general responsibility for day-to-day operations and personnel. His major duties include the following: 1. Responsible for recruiting, interviewing, selecting and hiring new employees. 2. Acts as communicator of information to the transit employees; conducts drivers' meetings. 3. Provides on -street supervision of bus drivers. 4. Organizes and supervises the activities of the bus cleaning crew. 5. Provides liaison with Equipment Division mechanics. 6. Handles all disciplinary actions as required. 1. Conducts employee. evaluations annually for more than 50 employees. 8. Investigates accidents and processes necessary paperwork. 9. Provides general assistance to the Transit Manager. The Assistant Transit Manager also works varied shifts; three days a week he works nights, one day he comes in at 6:00 AM, and he alternates with the Transit Manager in overseeing Saturday afternoon and evening operations. i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES OR 656 -.7 2 The Transportation Planner and the Assistant Transportation Planner have responsibility for all aspects of transit planning and grant preparation for Iowa City Transit, Coralville Transit, the University of Iowa CAMBUS, as well as the urban portion of Johnson County SEATS. Having to deal with four distinctly different systems each with their own policies and record keeping systems greatly increases the workload of the Transportation Planning Division. After JCCOG becomes designated the Metropolitan Planning Organization (MPO) for this Urbanized Area, the Planning Division will be required to devote much more time to modes other than just transit. While the Transportation Planner has the ultimate responsibility for representing the Division and ensuring that the work gets done, he and his Assistant divide up the specific work activities between them. The Assistant is also responsible for responding to any inquiries received concerning area bicycle facilities or ridesharing activities. Major responsibilities of the JCCOG Transportation Planning Division include: 1. Prepares annual State transit assistance grant application. 2. Prepares UMTA Section 5 or 18 grant applications. 3. Develops and administers UMTA Section 3 capital. grants. 4. Prepares UMTA.Section 8 planning grant applications. 5. Conducts Section 504 (elderly and handicapped) transition planning activities. 6. Develops Transportation System Management (TSM) Reports and Transportation Imorovement Program (TIP). 7. Addresses individual projects as directed by City Councils or Board of Directors. 8. Develops annual Unified Work Program. 9. Addresses JCCOG administrative matters, as required. 10. Conducts Technical Advisory Committee meetings. The question has arisen as to whether the Transit Division and the Transportation Planning Division are duplicating each other's work. This is most certainly not true. The Assistant Transit Manager hired was chosen because of his experience with employee motivation and supervision; the Transportation Planners were chosen because of their background in dealing with local, state and federal transportation planning requirements. Although it might be possible for the Assistant Transit Manager to assume some of the grant -writing and the federal and state planning responsibilities, it would be at the expense of employee relations. Our past experience has shown that lack of attention to this area will be very detrimental to the overall operation. cc: John Gatewood Jeff Davidson bj4/4-5 L, t, I _ L. I MICROFILMED BY JORM MICRO -LAB CEDAR RAPIDS -DES MOINES Johnson County Council of Governments 41f)F%fri urjuxl.9 kmvnQy,krnnVA0 rr 00 Date: April 22, 1981 To: n City Manager and City Council From: 1y John Lundell Re: ,IP Referral Concerning Need for Additional Lift Equipped Vans At the present time Johnson County SEATS operates one lift equipped van and transports approximately 6 to 7 wheelchair users per day. This is double what SEATS averaged only a year ago. SEATS has consistently been experiencing increases in demand for wheelchair trips during the past few years. Between FY79 and FY80 wheelchair trips increased by 30.2% going from 704 trips in FY79 to 917 in FY80. During the first 9 months of FY81 they have already transported 1 656 wheelchair trips. WM le these figures are for all Johnson County the vast majority are within the Iowa City city limits. The Bionic Bus operated by the University for students and staff is also experiencing similar increases in demand. Reasons for these increases are several: 1. The University is actively recruiting handicapped students and staff who often time remain in the community after leaving the University. 2. There has been emphasis placed on having handicapped individuals live independently on their own thus relying on a service such as SEATS for transportation. 3. Major industries such as Westinghouse and ACT have been recruiting handicapped employment and have both received awards for doing so. 4. As a result of the efforts by the City and'University to make the community more accessible, there is a general trend by handicapped individuals to get out in public more. Mr. Steve Kaiser, the SEATS Manager, and I feel there is no reason to believe that ridership trends will do anything except continue to rise. Since SEATS has only one equipped van, occasionally a trip request cannot be honored due to insufficient capacity. Therefore the local taxi companies are currently transporting several wheelchair users epch day. This can only be accomplished by having the driver lift the person into the car and fold the chair up and place it in the trunk. This is not possible for elgctric chair users. The exact need for lift equipped vehicles by the City will be documented in the forthcoming Section 504 Transition Pian which JCCOG is currently, working on. While the Reagan adminstration has promised to reevaluate the current 504 regulations it is virtually a MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 657 _t W n certainty that communities will be required to provide a level of specialized service equal in hours and coverage to that of the fixed route system. The current regulation that probably will be dropped Is the requirement for lifts on the full-size transit coaches. If you need any additional information or want to discuss this further, please feel free to contact me. tp3/2 cc: Hugh Mose Don Schmeiser 0 MICROFILMED BY !JORM MICROLAB 6OAR RAPIDS•DES MOINES i I i I ,h �r Y, I I I I 1 { I 1 I I g I. i r F: W n certainty that communities will be required to provide a level of specialized service equal in hours and coverage to that of the fixed route system. The current regulation that probably will be dropped Is the requirement for lifts on the full-size transit coaches. If you need any additional information or want to discuss this further, please feel free to contact me. tp3/2 cc: Hugh Mose Don Schmeiser 0 MICROFILMED BY !JORM MICROLAB 6OAR RAPIDS•DES MOINES 457 i ,h 457 ,h �r Y, I I I I 1 { I 1 r 457 L." City of lows City MEMORANDUM Date: April 24, 1981 To: City Council From: Fred Zehr, Iowa City Municipal Airport Commission Re: Master Plan and Long -Range Improvements Our master plan is approximately 70 percent complete with completion scheduled for late summer. L. Robert Kimball's representatives were at our Commission meeting on April 9th to help finalize the decision on which alternative of the MALS/Localizes installation would be included in the master plan. Alternative #1 was decided upon which requires the removal of the old United hangar at the end of runway 24. A relocated threshold of 690 feet would be required on the 24 end with an extension of 995 feet required on runway 6. This would provide for a total usable runway length of 4300 feet, enabling runway 24 to be designated as the preferential runway. This alternative is shown on the drawing entitled Scheme 1 which is attached. The total estimated cost of this project is $2,941,700. The entire project would be eligible for ADAP (Airport Development Aid Program) funding once a new bill is adopted by Congress. At this time it is not known what percentage of funding will be approved but it is believed that the old 90/10 program will be adopted. If this is the case, the local share for this project would be $294,170 spread over a five year period. This project will have a twofold'benefit for the community. By designating runway 24 as the preferential runway (we would need the improved instrument approach with reduced minimums and the increased runway length to entice pilots to use it) we would greatly reduce the aircraft noise over the residential area to the northwest of the airport and the overflying of the University of Iowa Hospital and Clinics. The traffic patterns for the aircraft landing and departing that runway would all be well to the south of the city. With the improved instrument approach, we might be able to get a commuter airline to stop here. Without an improved instrument approach, the commuter airlines will not consider stopping at Iowa City. This, I feel, could hurt our city's economy. With deregulation going on its third year, we are seeing the larger air carriers leaving or reducing their services to the smaller communities. Combined with the early "sunset" of the Civil Aeronautics Board and along with it its 406 subsidy (a subsidy to the airlines for providing services to the smaller unprofitable communities) I foresee the emergence of a different type of air travel, the commuter airlines, which will feed the larger hubs of the air transportation system from the smaller communities like Iowa City and Cedar Rapids. With approximately 40 percent of the travelers going through the Cedar Rapids airport originating right here in Johnson County, I feel we should be taking steps to capture some of this market. People travelling through your airport is what generates revenue. But, to get a piece of the cake, we will have to keep our airport in shape. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES G5g �1 2 To do this, we have submitted our preapplications for ADAP funding to the FAA for the resurfacing of runway 17-35, the construction of taxiways to runway 30 and 35 and the installation of a segmented circle (to designate our preferred runway). This project is estimated at $968,900 of which we will be responsible for $96,890 on a 90/10 ADAP bill. We currently have approximately $45,000 toward this project and hope to be able to fund the remainder with your support. i This is our first step in our long-range plan of,preserving the Iowa City I Municipal Airport as a safe and integral part of the National Airways System. i bdw5/1-2 I MICROFILMED BY 'JORM MICROLAB CEOAR RAPIDS -DES MOINES a,- . Clear Zone 1000x1700'x1510' 34.1 Approach Slope Remit Remove— Building Relocated Threshold A-V - Properly Acquisition ... .. -, vi- -A -L MICROFILMED BY `JORM MICROLAB FiCtDAR RAPIDS -DES MOINES Localizer Critical Area Clear Zone 100dxl700x1510' 20 1 Approach Slope Off—Site Excavation PHASE I ('I980-1985) Overlay Runway 17-35 Taxiways/Turnarounds Aprons Hangars 5avaid (NDB) Segmented Circle Park-ing REIT, on Runway 6 Taxiway Edge Lighting Engineering/Legal/Admin./Contingencies TOTAL PHASE I HASE II (1986-1990) Land Acquisition Runway Extension 5 'r:naiwiyv Overlay Runway 6-24 Terminal. Remodeling .apron Now FBC area Hangar Removal .access Road CASI on.Runway 6 Tax -;-,,a%- Edge Lighting Engineering/Legal/ dmin./Contingencies TOTAL PHASE II -11-LASE 111 (1991-2000) Overlay Runway 12-30 Exit Taxiways Apron Hangars Taxiway Edge Lighting Engineering/Legal/Admin./Contingencies TOTAL PHASE III TOTAL ALL PHASES i MICROFILMED BY IJORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 509 ,000 357,360 1=2,0;0 30,000 20,000 5,000 10,000 12,000 90,000 173.000 1,408,400 278,900 906,400 311,600 "I 100,Ou0 167,000 60,000 30,000 j 24,000 20;000. 54,000 2'0,000 2,639,900 I I 199:500 146,700 150,000 „I 30,000 32,000 111.800 670,000 4,718,300 MI •A � Ii I 2 I PHASE I I. Runway Overlay R/W 17/35 2. Taxiways /Turnarounds 3. Aprons 4. Hangars 5. Navaid (NDS) 6. Segmented Circle 7. Parking 8. VASI's R/W 17/35 9. REIL's R/W 6 10. MALS R/W 35 11. Taxiway Edge Lighting EXISTING SITE DEVELOPMENT PLAN IOWA CITY IOWA L. ROBERT KIMBALL d ASSOCIATES CONSULT/NG ENGIWERS 8 4RC87CCTS SCALE: I°=800' FI G2UORE MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DESMOINES ................ I. Land Acquisition:::: cq.... uisition •'•• 2. Runway Extension 8 Overlay R/W 6/24 3. Terminal Remodeling •"• 4. Taxiways 5. Apron 6. New FBO Area EXISTING SITE 7. Hangars DEVELOPMENT PLAN 8. Access Road 9. VASI's R/W 6 IOWA CITY IOWA IQ Taxiway Edge Lighting L. ROBERT KIMBALL a ASSOCIATES CONSU477NO ENGINEERS a ARCHITECTS A SCALE: I°=800' FIGURE 30 MICROFILMED BY !JORM MICROLAB 'd DAR RAPIDS -DES -MOINES PHASE Runway Overlay R/W 12/30 !. Exit Taxiways f. Apron F Hangars i. Taxiway Edge Lighting • II _ .. 35 EXISTING SITE DEVELOPMENT PLAN j MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES -MOINES IOWA CITY IOWA L. ROBERT KIMBALL & AGSOCIATES CONSUL771VG ENGINEERS a ARCN?ECTS J SCALE: I =B00 F131RE j MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES -MOINES V. _ City of Iowa City MEMORANDV Date: April 23, 1981 To: Neal Berlin, City Manager From: James Brachtel, Traffic Enginesrg�) l/ Re: Suggestions of Harold Bechtoldt (V i Mr. Bechtoldt has suggested to the City Council that the following actions be taken: I. Install "YIELD TO PEDESTRIANS IN CROSSWALK" signs at the intersection of Jefferson Street/Gilbert Street. I 2. Install "YIELD TO PEDESTRIANS IN CROSSWALK" sign at the intersection of Dubuque Street/Washington Street. 3. Install "ND TURN ON RED" sign at the intersection of. Jefferson Street/Gilbert Street. 4. Install stop signs at Iowa Avenue/Gilbert Street so as to create a four -war stop. This memo will address each of these four requests in order. SUGGESTIONS 1 AND 2 The first two suggestions include the installation of "YIELD TO PEDESTRIANS IN CROSSWALK" signs. All traffic control devices installed in Iowa City comply with the Manual on Uniform Traffic Control Devices (MUTCD). The MUTCD is the standard adopted by the Iowa Department of i Transportation as required by state law. Compliance with the MUTCD is a standard used in liability litigation. It is also a standard which can be f used in, determining the enforceability of citations of violations of traffic ordinances. One of the basic principles of the MUTCO is to provide for uniformity so that similar situations are treated in the same war. The "YIELD TO PEDESTRIANS IN CROSSWALK" sign is not provided for in the MUTCO and these signs would not comply with the manual. City ordinances and state law require the drivers of motor vehicles to yield to j pedestrians legally in a crosswalk. The presence of a nonconforming passive sign will have no impact on the behavior of the driver who chooses j to ignore state and city law and the physical presence of a pedestrian. I+ Traffic Engineering recommends against the installation of these signs. + SUGGESTION 3 Mr. Bechtoldt has suggested the installation of a "NO TURN ON RED" sign at the intersection of Jefferson Street/Gilbert Street. The MUTCOprovides MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 2 for the installation of "NO TURN ON RED" signs when one or more of six guidelinesare met. (These six guidelines are attached to this memorandum.) None of these guidelines are significantly satisfied. Traffic Engineering recommends that the "NO TURN ON RED" signs not be installed. SUGGESTION 4 Mr. Bechtoldt recommends that the intersection of Iowa Avenue/Gilbert Street be made a four-way stop. The installation of stop signs on Gilbert Street at Iowa Avenue may lead to an increased number of accidents at this location. accidents of the GilbertSt eet facility. inIntersections 'northeandesouth of the to the eGilbert Street/Iowa Avenue intersection are controlled by signals. (Council has included budgeting for traffic signals at Iowa Avenue/Gilbert Street in its FY82 budget.) The installation of the four-way stop in the middle of a traffic signal system will surprise vehicular traffic. The four -lane width of Gilbert Street may also make it difficult for traffic in the left lane to see the stop sign on the right-hand shoulder. This condition may lead to an increase in the incidents of rear end accidents at this location. During peak times when all four lanes of GilbertStreet theand the two lanes intersection,there maywwelle be difficulty) in attempting tovehicular drivers discerning a smooth pattern of right-of-way alternating. This confusion may lead to an increase in the number of either left turning accidents or 90 degree accidents. Pedestrian accidents may start to occur at this intersection particularly in the left-hand lanes north and southbound. This may be caused by Pedestrians walking in the crosswalk in front of stopped cars in the right lane and vehicles moving in the left lane either not seeing the stop sign or the pedestrian and assuming that they have the right-of-way and being surprised by the presence of a pedestrian in the crosswalk. Traffic Engineering recommends against the installation of the four-way stop at the intersection of Gilbert Street/Iowa Avenue. Should ou to discuss anof these estions of Mr. echoldt further ourrequilre additional detail please don gt hesitate to contacttme, bj4/1-2 I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES F n 1. Sight distance to vehicles approaching from thwileft (or right if applicable) is inadequate. 2. The intersection area has geometrics or operational characteristics which may result in unexpected conflicts. I 3. There is an exclusive pedestrian phase. ' 4. Significant pedestrian conflicts are resulting from RTOR maneuvers. 5. More than three RTOR accidents per year have been identified for the i particular approach., I 1 6. There is a significant crossing activity by children, elderly or i handicapped people. i j I • 1 i j MICROFILMED BY ,JORM MICROLAB 'CEDAR RAPIDS•DES'MOINES City of Iowa City MEMORANDUM DATE: April 24, 1981 T0: Mayor Balmer and Members of the City Council FROM: Karin Franklin, Planner/Program Analyst RE: Riverfront Commission Canoe Trip Please refer to the memo dated April 17., 1981 which you should have received last week in your packet. This is a reminder that the Riverfront Commission will be taking a canoe trip on Saturday, May 9. The Council is cordially invited to come. The trip will consist of two parts --from the Coralville Reservoir dam to the University of Iowa boathouse and from -the Burlington Street dam to the Izaak Walton League. Please let Lorraine know if you will be able to attend by April 29. Details of the trip will be forwarded to all participants the week before the trip. If you have any questions, please call me (356-5243). I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES i MINUTES OF STAFF MEETING April 8, 1981 Referrals from the informal Council meeting of April 6 and the regular Council meeting of April 7 were distributed for review and discussion (copy attached). Items for the agenda of April 21, 1981 include: 1. Resolution to adopt Parks & Recreation five year plan. 2. Resolution regarding management compensation policy. 3. Resolution amending Rural Subdivision Standards. 4. Appointment of members of selection committee for position of City Attorney. The Human Relations Director reported on the management compensation policy and discussion of this policy by Council on April 6. Included was a discussion of the Hayes -Hill study and its relationship to the overall management compensation program. It was stressed that the conduct of this study over a period of ten to twelve weeks would demand considerable attention and cooperation from management staff if the study is to be successful. The Human Relations Director also advised that a training session regarding performance evaluation will be conducted in the near future with the help of staff from the U of I Institute of Public Affairs. Performance evaluation techniques ,for upcoming merit evaluations will be discussed at a future staff meeting. This will include the issue of tying performance evaluation to management compensation decisions. The Human Relations Director also advised that she will be discussing with department heads in the very near future areas of underutilization of minority employees. She stressed that there are no areas in which such underutilization appears to be a major problem. Employee service awards were discussed and there was a general consensus among staff members that it might be better to distribute these awards in conjunction with some social event for the staff. It was suggested that something less formal than a Council meeting, perhaps an employee picnic, would be more attractive to employees. Mike Kucharzak and Bob Keating will work with Ann Carroll in an attempt to come up with alternatives for the future. The Director of Parks and Recreation suggested that staff meetings include a systematic review of the agenda of the previous regular Council meeting. It was generally agreed that future staff meetings will include time for discussion of any agenda items which staff members wish addressed. MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES -MOINES 66/ 7 Minutes of Staff Meeting April 8, 1981 Page 2 The Senior Center Coordinator inquired as to whether or not it might b feasible to revive the idea of an employee newsletter. Problem encountered previously which ultimately resulted in the demise of tha newsletter were discussed. This issue will be raised again at a futur staff meeting. Respectfully submitted: Dale Hellr-V MICROFILMED BY 'JORM MICROLAB RAPIDS -DES 140INES I ,-I Infbrmal Council fleeting April 6, 1981 DEPARTMENT REFERRALS I MICROFILMED BY �IJORM MICROLAB CEDAR RAPIDS -DES MOINES O SUBJECT DATE REM REFUSED TO DATE DUE COMMENTS/STARK ul Ridge Road Drainage 4-6 Public Wks Memo to Council explaining resolution of problem as soon as action is taken. R.- R. Crossing Repair 4-6 I Public Wks t -7�77 Who is responsible for crossll,�,-' . maintenance at Capitol & Lafayettel 'CRANDIC is now using tracks and Boards and Commissions 4-6 Info rT bad. Policy statements to legislators to go out only from Council. Hellina discuss with il,Rights gttL Specialist mi Human es ofqu ,Rights� Commission meeting and letter re. Tyrell bill. Re. lengthening of prohibited 7th Avenue Parking Prohibition 4-6Public Wks zone near Jackson Street - is 140 feet necessary? MENIV) to Council explain—in' 9 r Building Code Amendment 4-6 MIS F individual changes. (Relate — provision for 8 ft. high exhaust system with 7 ft. minimum ceilina I height. Has Board of Building Appeals approved amendments? Can yellow signal or arrow be u Left Turn Signals 4-6 Public Wks in green to red phase for left - turn signals on Burlington St. downtown? Chamber of Co Commerce Flag 4-6 — city Mr's 1-1 Show it to Council. Office 3ffc I MICROFILMED BY �IJORM MICROLAB CEDAR RAPIDS -DES MOINES _I FOLLOWING MICROFILMED DY JORM MICROLA13 CEDAR RAPIDS -DES MOINES MINUTES OF STAFF MEETING April 8, 1981 Referrals from the informal Council meeting of April 6 and the regular Council meeting of April 7 were distributed for review and discussion (copy attached). Items for the agenda of April 21, 1981 include: 1. Resolution to adopt Parks & Recreation five year plan. 2. Resolution regarding management compensation policy. 3. Resolution amending Rural Subdivision Standards. 4. Appointment of members of selection committee for position of City Attorney. The Human Relations Director reported on the management compensation policy and discussion of this policy by Council on April 6. Included was a discussion of the Hayes -Hill study and its relationship to the overall management compensation program. It was stressed that the conduct of this study over a period of ten to twelve weeks would demand considerable attention and cooperation from management staff if the study is to be successful. The Human Relations Director also advised that a training session regarding performance evaluation will be conducted in the near future with the help of staff from the U of 1 Institute of Public Affairs. Performance evaluation techniques for upcoming merit evaluations will be discussed at a future staff meeting. This will include the issue of tying performance evaluation to management compensation decisions. The Human Relations Director also advised that she will be discussing with department heads in the very near future areas of underutilization of minority employees. She stressed that there are no areas in which such underuti 1 ization appears to be a major problem. Employee service awards were discussed and there was a general consensus among staff members that it might be better to distribute these awards in conjunction with some social event for the staff. It was suggested that something less formal than a Council meeting, perhaps an employee picnic, would be more attractive to employees. Mike Kucharzak and Bob Keating will work with Ann Carroll in an attempt to come up with alternatives for the future. The Director of Parks apd Recreation suggested that staff meetings include a systematic review of the agenda of the previous regular Council meeting. It was generally agreed that future staff meetings will include time for discussion of any agenda items which staff members wish addressed. i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES Minutes of Staff Meeting April 8, 1981 Page 2 The Senior Center Coordinator inquired as to whether or not it might be feasible to revive the idea of an employee newsletter. Problem! encountered previously which ultimately resulted in the demise of thal newsletter were discussed. This issue will be raised again at a futur staff meeting. Respectfully submitted: MICROFILMED BY �JORM MICROLAB (CEDAR RAPIDS -DES 'MOINES -I e f. IiCouncil Meeting April DEPARTMENT REFERRALS l 6 6, , 1981 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES O SUBJECT DATE REM REFERRED TO DATE DUE ~ � P OONAMENTS/STAlU$ W Menlo to Council explaining Ridge Road Drainage 4-6 Public Wks resolution of problem as soon as action is taken. R. R. Crossing Repair 4-6 Public Wks Who is responsible for crossil,,% maintenance at Capitol 3 Lafayette? •CRANDIC is now using tracks and Boards and Commissions 4-6 Info evossing-is bad. Policy statements to legislators a to go out only from Council. I Hellino discuss with Civil Rights i Specialist minutes of Human Rights Commission meeting and letter re. Tyrell bill. , _ Re. lengthening of prohibited 7th Avenue Parking Prohibition4-6 Public Wks zone near Jackson Street - is J 140 feet necessary? j Memo to Council explaining -i Building Code Amendment 4-6 HEIS individual changes. (Relate j provision for 8 ft. high exhaust system with 7 ft. minimum ceilin height. Has Board of Building Appeals approved amendments? Can yellow signal or arrow be use Left Turn Signals 4-6 Public Wks in green to red phase for left - turn signals on Burlington St. downtown? Chamber of Commerce Flag 4-6 City Mgr's Show it to Council. Office MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES , Council meeting April 6, 1981 DEPARTMENT REFERRALS April 6 Page 2 MICROFILMED By JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES A W SUBJECT DATE REFERRED DATE ~ � OOMMENTS/STATUS REM TO DUE � W JCCDG Budget 4-6 PEPD Don get back to David Perret. Memo to Council explaining Transportation/Transit 4-6 Public Wks responsibilities of Transit-Maliager (Hugh) Assistant Transit Manager and Trans tion Planner and how - these interface. I How often are the lifts and ramps 1 SEATS: Lifts and Ramps 4-6 Public Wks used? Are these necessary for both new vans to be purchased? Performance Evaluations 4-6 Human Relat ns Draft process for City staff. I Board of Appeals - Length of Service 4-6 HUS How did Commission determine, I minimum length of service? Is this consistent with other boards' these considered? MICROFILMED By JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES A April 7 1981 DEPARTMENT REFERRALS i April 7, 1981 MI CROFILMED BY 'JORM MICROLAB --. CEDAR RAPIDS -DES MOINES . I'M SUBJECT QATE REFER DATE DUE ~ OOMMEMZSTATUS RECD 7O Commercial Loading Zones 4/7 Public What is feasability of having some; Works or all of these in force only duriq Parking certain hours, specifically busines �4ei of Iowa Avenue. { i Planning & Zoning Commission Bylaws 4/7 P & PD Referred back to rules committee,'; i i Traffic Violations 4/7 Police i Speeding on Burlington Street - . down town and stopped cars blockini crosswalks at Burlington and Dubai Burlington and Dubuque 4/7 iscuss right turn on red prohibiti ith City Manager. Police/ hat priority exists for che,, ng Melrose Court 4/7Public i elrose Court for: orks Traffic Volumes. !tiemq. Cars making illegal turns aroun barricade at south end. i Melrose Court 4/7 ublic d Traffic Engineering - do traffic( orks counts. ublic Works Is everything ready from City's Downtown cleanup 4/7 standpoint? I MI CROFILMED BY 'JORM MICROLAB --. CEDAR RAPIDS -DES MOINES . I'M Aoril 7, y` 1998181 "°" DEPARTMENT REFERRALS Aar Page 2 MICROFILMED BY 'JORM MICRO_ LAB .CEDAR RAPIDS -DES MOINES W SU BJECT DATEREFERRED FMOD To DATE DUE ~ (COMMENTS/STATU Letters of Appreciating 4/7 P & PD For retiring P&Z members Kammermeyer and Vetter. For Diane Klaus retiring from r Letters of Appreciation 4/7 H & IS Housing Commission. City Notify Senator Small of City's,:. ..i Liquor Licensing 4/7 Manager support for bill to .shift wre licensing authority to cities. 1 1st Avenue and Bradford 4/7 Public Works Address possibility of roll out sti sign if crossing guard position isi eliminated. Traffic Engineer Memo to Council 4/1 Public Works a Re: recommendations from M'r. Bechtoldt - memo it this week's packet if possible. I i 1 I MICROFILMED BY 'JORM MICRO_ LAB .CEDAR RAPIDS -DES MOINES r- t g° m T W TH F S LOAM -Fact finding i meetina (Conf Rm:) :30PM-Senior Ctr I Comm (Rec Ctr A) i i 3 AM -Magistrate 6 LOAM -Staff Meeting (Conf Room) AM -Magistrate Court (Chambers) Ir Court (Chambers) •30PM-informal 2noon-CCN (Rec Ctr 4:30PM-Board of Adjustment (Chamb) -� Council (Conf Rm) •30PM-Housing Comm) (Conf Room) 7(Chambers) P&Z •30PM-Informal 7:30PM-Council (Chambers) P&Z (Conf Room) (Chambers) i I I /2 s j /s ! BAM,Magistrate l(conStaff Meeting BAM-Mag I Court (Chambers) :30PM-Resources (Conf Rooml (chambers) Court (Chambers) 1;30PM-Informal Conservation Comm SAM -Housing Appeal Council (.Conf Rm) (Conf Room) Board (Co-Ainf Rm) 7:30PM-Parks & Rec 7;3OPM(Confort Room) Comm (Rec Center) /7 /P /9 s° A/ 11 i3 i LOAM -Staff Meeting 8AM-Magistrate SIAM -Magistrate (Conf Room) Court (Chambers) -I Court (Chambers) 4:30PM-Broadband 4PM-Library Board •30PM-Informal Telecommunication (Conf Room) (Storyhour Room) Council (Conf Rm) Comm 7:30PM-Council 7:30PM-Formal P&Z •30PM-Informal (Chambers) (Chambers) P&Z (Conf Room) i LOAM -Staff Meeting (Conf Room) AM -Magistrate 4:30PM-Resources Court (Chambers) HOLIDAY Conservation Comm 7:30PM-CCN Neigh- borhood M eting (chambers) RI i MICROFILMED BY JORM MICROLAB 'P 1101NE5 CEDAR RAPIDS -DES I WILL J. HAYEK r JOHN W. HAYEK 1 C. PETER HAYEK C. JOSEPH HOLLAND HAYEK, HAYEK & HAYEK ATTORNEYS AT LAW IIO EAST WASHINGTON STREET IOWA CITY, IOWA 52240 April 20, 1961 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mayor and Council Members: I am very pleased to report to you a favorable result in Oakes Construction Company v. City of Iowa City. A copy of the Supreme Court's ruling is enclosed for your review. As you can see the entire Court con- sidered this case. That is rather unusual and indicates the importance which the Court attached to it. I would be happy to meet with you at any time you wish to discuss the case and its implications. Very truyours, oh W. ayek JWH:vb Enclosure cc: Neal Berlin Don Schmeiser MICROFILMED BY IJORM MICRO_ LAB I.. CEDAR RAPIDS -DES MOINES AREA CODE 319 337.9606 �L �� APoR2 3 1981 ABBIE STOI_FUr, CITY CLERK X63 , {{ k t IN THE SUPREME COURT OF IOWA OAKES CONSTRUCTION COMPANY,) Appellant, ) Filed April 15 1981 VS. CITY OF IOWA CITY, IOWA Appellee. LE D61 64373 APR 151981 CLERK SUPREME COURT Appeal from Johnson District Court - Thomas M. Horan, Judge Appeal by developer from district court Judgment upholding disapproval by , city council of preliminary plat of subdivision. AFFIRMED. Marion R. Neely of Neely Law Offices, Iowa City, for appellant. John W. Hayek of Hayek, Hayek & Hayek, Iowa City, for appellee. Considered en bane. I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIOS*DES MOINES i i I i� J132L31981 D ABBIE STOLFUS CITY CLERK _f L/O D - 2 - UHLENHOPP, J. This appeal involves a question of the scope of the authority of a city council to approve or disapprove a subdivision plat. See §§ 409.1, 409.14, and 409.15, The Code 1981. Section 409.1 of the Code provides: Every proprietor of any tract or parcel of land of forty acres or less or of more than forty acres if divided into parcels any of which are less than forty acres and every proprietor of any tract or parcel of land of any size located within a city or within two miles ofa city subject to the pro- visions of section 409.14, who shall subdivide the same into three or more parts, shall cause a registered land surveyor's plat of such subdivision, with references to known or permanent monuments, to be made by a registered land surveyor holding a certificate issued under the provisions of chapter 114, giving the bearing and distance from some corner of the subdivision to some corner of the congressional division of which it is a part, which shall accurately describe all the subdivisions thereof, numbering the same by progressive numbers, giving their dimensions by length and breadth, and the breadth and courses of all the streets and alleys established therein. The section differed somewhat at the time of some of the events in this case, but the differences do not change the result. Subject to a qualification in this particular case, city councils act in an administrative capacity in carrying out statute such as chapter 409 of the Code. Knutson v. State ex reZ. Seberger, 239 Ind. 656, 659, 662 n.6, 157 N.F.2d 469, 471, 473 n.6 (1959). See also Board of Supervisors v. Department of. i Revenue, 263 N.W.2d 227, 239 (Iowa 1978). Review by the district court of a council's decision is de novo. § 409.15. On the analogy of review of decisions of zoning boards of adjustment, we hold that the district court reviews the facts anew, but if the facts found by the court leave the reasonableness of the council's decision "open to a fair difference of opinion," the court may. not substitute its judgment for that of the council. WeZdon v. Zoning Board, 250 N.W.2d 396, 401 (Iowa 1977)• The reasonableness the council's decision is not open to "a fair difference of opinion," of course, if the decision is contrary to a rule of law, notwithstanding that it may be within the facts. MICROFILMED BY 'JORM MICRO_ LAB .CEDAR RAPIDS -DES MOINES W #63 f"—ces Construction v. 1_cy of Iowa City -3- We also hold that if a, party appeals from the district court's judgment, our review, on the record from district court, is the same as that of the district court. Cf. Grandview Baptist Church v. Zoning Board of Adjustment, _ N.W.2d _ (Iowa 1981) (review by this court in certiorari proceedings under section 414.18 as contrasted to review in equity proceedings under section 409.15 and Iowa Rule of Appellate Procedure 4). The qualification in this case, to which we have adverted, relates to an additional issue: the developer's claim that the city must establish a new street outside the subdivision to connect the subdivision streets to the city street system. We will subsequently consider this question. In 1972 a church owned an 11 -acre tract of land abutting Muscatine Avenue in.a residential area of.southeastern Iowa City, and conveyed the tract to Courtcrest, Inca Whether that tract was itself part of an earlier division of land into parcels, within section 409.1, does not appear; the deed to Courtcrest was by metes and bounds. In 1973 Courtcrest sold and conveyed a 2.4 -acre portion of the tract to a Moose Lodge. In 1977, after plaintiff Oakes Construction Company declined to purchase all of the remaining land, Courtcrest sold and conveyed a 7.1 -acre portion to Oakes, leaving Courtcrest with a 1.5 -acre parcel. Both con- veyances by Courtcrest also were by metes and bounds; at no time did Courtcrest plat any part of the 11 -acre tract. Oakes desired to develop its portion of the land as Oakes Meadow Addition, and prepared a "preliminary plat" under the city's development code which is chapter 9.50 of its ordinances. The city's planning staff, traffic engineer, and Planning and Zoning Commission examined the plat. The subdivision would have ten single-family lots and seventeen duplex lots, for a total of forty-four units. It would also contain two streets, both with cul-de-sacs. These streets would join near the north end of the subdivision and outlet over sixty feet of right-of-way onto the Sm j MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES 1401NES 4,03 7 -4- Junction of Meadow Street and Brookside Drive and thence into Friendship Street, which is a "collector street" for traffic. All of these streets are residential in nature. We append a rough sketch from the exhibits. We have included the dotted lines to show Oakes' subsequent offer to eliminate the cul-de-sac in Proposed Carver Street and to dead-end that street at the south boundary of the subdivision. The planning staff was concerned that the single exit onto Meadow -Brookside would not constitute a sufficient means of ingress and egress, and also that Meadow -Brookside -Friendship would be inadequate to handle the added load of traffic. The following testimony is illustrative of substantial evidence in the record to this effect. Donald Schmeiser, an'urban planner, testified: Q. Would you tell the Court what your concerns were about traffic and access to the subdivision and insofar as you felt the subdivision to be deficient• in those regards, how you felt it to be deficient? And to answer that question, you may want to refer to Defendant's Exhibits A and B. A. Okay. Friend- ship Street currently is a 25 -foot width, what we call an under -width street in terms of both its function and classification. You might term Friend- ship Street a collector street on the basis it does collect a considerable amount of traffic from that particular neighborhood, and with parking on both sides you virtually end up with one lane of traffic on Friendship Street. Well, with this proposed sub- division, accessing out to Friendship Street, it does certainly exacerbate the traffic problem on Friendship Street. The other concerns I had, of course, on any development with this many dwelling units and this particular subdivision is one means of access. And I think in a subdivision this large, there certainly should be two means of access. And if I might give an example. Q. Sure. A. In terms of safety, I think, if we could say, for example, that response time to a fire in a residence in that particular area is extremely. important in terms of two or three minutes in terms of the damage to that residence; then I think it's extremely important in terms of the access to that subdivision. The City presently has a fire station located south on First Avenue, on lower Muscatine Road. And if the alternatives were to obtain .access to this subdivision via First Avenue to Muscatine Avenue via Carver Street connection to this development versus an access from First.Avenue to Friendship Street again, which is certainly congested, to Meadow Street, and then into the subdivision, I think we're talking --I think most would agree that certainly the number of �1_ MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES - 5 - r GouRTc r. -- w MUSCATINE AVE. - j MICROFILMED BY fJORM MICROLAB CEDAR RAPIDS•DES MOIRES tip�G�Y. S l D�- E-- --- I N tip�G�Y. S l D�- E-- --- I - 6 - minutes of response time to a fire in that parti- cular subdivision can be extremely critical in terms of the damage to a residence which is on fire. I think the same thing is true with emergency situations, with heart attack victims or any other type of emergency or safety situation. There's also the possibility that with one means of access at any one time, that access could be, let's say, barred from access, both in terms of getting out of the subdivision or getting in. We've seen many of that -- much of that happen in terms of the snow removal problems that we've had over the past winter. And I think for those reasons and by the fact that there is no north -south continuity between Southlawn Drive and First Avenue, which is almost a half a mile in distance, that there does need to be some north - south continuity, both to the area and for better access to this particular subdivision. Douglas Boothroy, another planner, testified: Q. Now, Mr. Boothroy, what kind of street is Friendship.in terms of its size and design; do you know? A. It's 25 feet wide back to back, for 25 feet wide paving. It serves as a collector street for this neighborhood that's bounded by Court. Excuse me. It's ':bounded by Court Street, First Avenue, Muscatine and what some day will be Scott Boulevard. Q. All right. How is the traffic --what are the traffic loads on Friendship at the present time in terms of, you know, whether it's below capacity, at capacity, above capacity? Just how heavily traveled a street is Friendship and do you have any concerns about that? A. I talked to Jim Brachtel [traffic engineer] about it, and he said that at peak times there was congestion at the intersection of Friendship and First Avenue; that it would make sense for another alternative to relieve some of this traffic flow at that point, and the additional loading of this sub- division would cause some additional problems at that intersection. Q. Now, what about Brookside Drive, what kind of street is Brookside Drive? A. It's also 25 feet wide. Q. And is it a typical --is it a residential street, Mr. Boothroy? A. It is a residential street, but it does provide a certain amount of circulation for this part of the neighborhood to get either to Friendship Street or out to the south on Southlawn. So it's --it's more than just a short local street, yes. Q. Okay. But it is developed as a residential street; that is to say, there are houses on either side? A. They're all residential streets, yes. Q. Okay. So that for someone to get in or out of that subdivision as proposed, the person would have to drive, let us say, out --they would have to drive up to Brookside, then•back on Brookside over to Friendship, Friendship east or west, presumably west, to First Avenue and then continue their trip; is that correct? A. That would be one way, yes. Q. Now, if someone wanted to travel south of the subdivision as proposed, I take it they would either have to again drive north to Brookside, north on Brookside to Friendship, and then Friendship either west to First Avenue or east down to Eastwood, take Eastwood to South - lawn Drive; is that correct? A. That would be, ,yes. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L', 6463 V_ L'. - 7 - Q. And at Southlawn Drive down to Muscatine; is that correct? A. Yes. Q. Now, as I understand it, and your map does show a school located on Southlawn Drive. Did you have any concern about the school in relation to this traffic problem? A. In looking at these streets that serve this neighborhood to the south, at certain periods of time during the day.with the buses coming in and out and other types of things, pedestrian traffic and children, there's a lot of points of conflict on Southlawn. Q. What are points of conflict, Mr. Boothroy? What does that worst mean? A. There are a lot of elementary school kids crossing the street. There are a lot of parents bringing kids to the facility in and out of the drives and so forth. And it becomes congested, yes. The staff report stated regarding the access problem: As proposed, the development of the subject area would not be conveniently accessible from major streets. The developer is planning to provide only one means of access to the subdivision of approximately 11 single family lots and 17 duplex lots (39 units total) [sic]. This access would also necessarily serve any development in the future of the RIA area directly west (approxi- mately 8 acres). This will present traffic circulation and safety problems to both the subdivision and the neighborhood. Traffic to and from this residential area would use Friendship Street, an undersized minor collector which at peak.traffic periods is at capacity (particular from Meadow Street to lst Avenue), or be forced to a less desirable, more circuitous route on local residential streets not capable of handling resulting increased traffic loads (e.g.,-an indirect route following Meadow Street to Ferndale to Terrace Road to Court Street, or Brookside Drive to Eastwood Drive to Southlawn Drive to Muscatine Avenue). In addition to this impact, this residential area would not be easily accessible to emergency and service vehicles.. The design of this subdivision needs to account for Its impact on the existing neighborhood. This impact can be accommodated by provision for a secondary means of access from the subdivision'to Muscatine Avenue. Also, provisions need to be made in this subdivision for extension of a street west into the undeveloped RIA area. This street should intersect with Meadow Street extended at a point approximately 450 feet from the intersection of Brookside Drive and Meadow Street. Mary Neuhauser, who had served for a considerable time as a council member and former mayor, testified: Q. Okay. In this case, Plaintiff's Exhibit 1 shows 10 single-family lots and 17 duplex lots, which would presumably provide a maximum of 44 dwelling units. Do you recall, in the time that you've been on the Council both as a Council member and as Mayor, ever approving, to the best of your recollection, any subdivision plat where there would be this many dwelling units serving --being served by only one street 4_ JORM MICROLAB CEDAR RAPIDS -DES I10INES &63 - 8 - access? A. I don't recall any. Another witness gave similar testimony. Other evidence was introduced on the insufficiency of the access, including testimony regarding traffic congestion which would result at a nearby school; overload on neighboringresi- dential streets, and the problem of subsequent access to addi- tional subdivisions which will probably'be developed. A compre- hensive city plan is not involved, as none existed at the time of these events. Oakes endeavored to show that past councils had approved subdivisions with single accesses. One,was Oakwood Part III, which had 26 single-family lots with only one access for a period of time; another was Dean Oakes First Addition with 27 single- family lots; a third was Windsor Heights First addition with 50 lots (the addition's streets were, however, subsequently connected to those of the adjoining subdivision); i Parkvie w Terrace with 126 lots, platted sometime prior to 1962; and Wee'ber's Addition with 27 single-family lots platted in about 1971. The record does not show that the circumstances surrounding these subdivisions were comparable to the present ones, and the question also arises whether the present council is bound to approve the Oakes' plat because of prior'plats, if the proposed access is in fact insufficient. Notwithstanding the adverse views of staff, the Planning and Zoning Commission approved the plat, After a number of discussions of the subject by the council at its meetings, with Oakes' attorne present at several of them, the council unanimously disapproved the preliminary plat because of insufficient access to the subdivision and because Courtcrest did not previously plat the area when it divided the 11 -acre tract into three parts. Oakes appealed to the district court, which affirmed. Oakes then appealed to this court. I. Sixty-day approval or re,jectio». Oakes initially claims that the council's disapproval is invalid under section 409.15 )f the Iowa Code because disapproval came more than sixty days MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS- DES MOIRES i I� after Oakes filed the plat. He is right on the time period. The question is whether he is right in his conclusion that the council could not disapprove the plat. The first sentence of section 409.15 provides that'if the couicil does not approve or disapprove a plat within sixty days from the application, "the person proposing said plat shall have the right to file the same with the county recorder, assessor and audit -or." We need not decide whether a council can approve or disapprove a plat after sixty days if the developer has not yet filed it with the recorder, assessor, and auditor. The record in this case demonstrates that Oakes never got as far as a section -409.15 plat. The process of platting a subdivision, with such problems as streets, sewers, and -utilities, can be complex, and the preliminary procedure in chapter 9.50 of the city's ordinances permits difficulties to be ironed out on a preliminary plat before a developer incurs the considerable expense of a section -409.15 plat prepared pursuant to sections 409.30 (monumentation) and 409.31 (nineteen requirements for the permanent plat itself). See Note, Subdivision Regulation in Iowa, 54 Iowa L. Rev. 1121, 1136-37 (1969). We may assume arguendo that Oakes could have originally bypassed the preliminary plat provisions of chapter 9.50 of the ordinancesand presented a final plat under chapter 409 of the Iowa Code, so that the sixty-day provision of section 409.15 would have come into play. The provision did not come into play because Oakes did not take that course. Pekar v. Town of Veterrn Planning Board, 58 A.D.2d 203, 704, 396 N.Y.S.2d 102, 103 (1977) (mem.). In this case we are thus not required to say whether a developer can legally ignore chapter 9.50 and initially take his chances on a final chapter -409 -plat. This record does not present those Ifacts. We do not find merit in Oakes' first claim. II. Courtcrest's failure to plat. Oakes next claims that the council was legally wrong when it disapproved the plat on the (- MICROFILMED By 'JORM MICROLAB CEDAR RAPIDS -DES MOINES G63 L,, I i- - 10 - ground that the 11 -acre tract had previously been subdivided without platting. This claim by Oakes is meritorious. We may first assume for the purposes,of this case that when Courtcrest sold off two parts of the 11 -acre tract, although at different times, section 409.1 required Courtcrest to plat. This is the Attorney General's opinion in such situations. Rep. Iowa Atty. Gen. 475 (1972), 713, 653 (1970). What are the consequences of Courtcrest's failure to plat? Chapter 409 provides the consequences, but none of them prevents the proprietor of land who fails to plat from conveying the land to grantees, or a grantee from platting the part conveyed to him if his plat is otherwise proper. Section 409.2 seeks to protect a grantee by making the proprietor's duty to plat a covenant of warranty; the grantee may recover damages from the proprietor who does not plat. The proprietor is also subject to a fine of fifty dollars for each lot or part of a lot "disposed of, leased, or offered for sale." § 409.45. Under some ordinances --the question is not now raised under this ordinance-- . cities may withhold building permits unless the grantee plats his land and his plat is. approved. K -Line Farms, ' Inc. v. .Waterloo Board of Review, 275 N.W.2d 424, 425 (Iowa 1979). Probably the most serious consequences for the grantee from the proprietor's failure to plat are the practical problems the grantee.encounters when he tries to plat the land conveyed to him. This case affords an example. Courtcrest divided the original 11 -acre tract into three parts by the conveyances to the Moose Lodge and Oakes. In conveying the 7.1 -acre tract to Oakes, Courtcrest cut Oakes off from direct access to Muscatine Avenue by retaining a strip between Oakes' land and Muscatine,which Oakes refused to buy. Oakes was a developer, the land was in a growing residential area, and the prospect must have been obvious that Oakes would try to develop its parcel into residential housing. 'Assuming section 409.1 applied when Courtcrest conveyed to Oakes, the duty was on Courtcrest, by platting, to involve I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES "3 I. 1 the city in the planning at that Juncture. Courtcrest did not do so, and Oakes has a tract separated from Muscatine and a difficult platting problem as a result. Even Oakes' engineer testified that if Courtcrest had drawn in the city at that earlier time, the -city would have considered a connection of Friendship on the north to Muscatine on the south. We are.satisifed from chapter 409, however, that the city cannot deny Oakes a plat of the Oakes' tract on the ground, standing alone, that Courtcrest did not plat. Oakes holds fee title to the land it purchased and, if it can overcome the practical problems and present a proper plat, it cannot be denied approval on the ground that Courtcrest previously failed to plat. See Pangborn v. Westlake, 36 Iowa 546, 549 (1873); Watrous e Snouffer v. Blair, 32 Iowa 58, 63 (1871); Annot., 77 A.L.R.3d 1058 (1977). Were the rule otherwise, developers and other purchasers would have to search back indefinitely to ascertain if conveyances had previously been made which brought the land in question within section 409.1. This claim by Oakes is well taken. We of course indicate no opinion as to Oakes' rights against Courtcrest, if any, growing out of Courtcrest's failure to plat. Courter.est is not before the court. III. Extent of council's authority. We pass then to the main problem in the case: whether, on the merits, the council's disapproval of Oakes' preliminary plat can stand. The problem • i has three facets: whether as a factual matter the council was right in finding the access to the subdivision is inadequate, whether the council could legally disapprove the plat on•the basis of inadequate access, and whether Oakes can compel the city to establish a street outside the subdivision from Muscatine Avenue to the subdivision south line. A. From the evidence we have no doubt the council was right in finding the fact to be that the proposed subdivision would 4- MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 663 B V,_. - 12 - have inadequate access for traffic. Both the staff and the council viewed the subdivision as desirable, and sought methods by which Oakes could solve the access problem. Courtcrest proved uncooperative. One suggestion was a passageway for emergency vehicles, temporary until Courtcrest may eventually develop its land, over the lodge's parking lot and driveway to Muscatine Avenue. This was rejected as an unsatisfactory way of working out the.problem, and properly so. Emergency vehicles are only part of the traffic problem. Moreover, no one knows when or whether Courtcrest will develop its land, and its principal stockholder would not say. The council was not obliged to accept this make-' shift arrangement into its street system. Oakes' principal stockholder testified, "A couple others [council members], I think said no, that it just wouldn't be feasible to maintain that road, or that temporary road, and how would you have it temporary and for emergency vehicles only. And there was just too many problems with that." In addition, some discussions occurred about the city's condemning an outlet from the subdivision through Courterest's land to Muscatine, and Oakes' contributing $10,000 to the cost. 'Nothing came of this. The access problem was not solved. On the fact question'of the necessity for a second access, we hold for the city. The council properly found that with a density factor as high as this proposed subdivision has --forty- four units plus two streets on 7.1 acres --a single means of ingress to and egress from the subdivision is inadequate. The overload on Brookside, Meadow, and Friendship increases the need for an additional outlet to the south. B. With the necessity for additional access an established fact, we approach the second facet: whether the council could legally consider insufficient access in passing upon the plat. Access is not specifically enumerated as a requirement in chapters 9.50 and 409. Oakes contends, therefore, that the council can in MICROFILMED BY 'JORM MICROLAB ,CEDAR RAPIDS•DES MOINES 643 11 1—, - 13 - no ca"se consider it. This contention requires us to construe those chapters. In construing legislation we give it a reason- ably liberal interpretation which will further the apparent intent and object of the legislative body. § 4.2, The Code; Krueger v. Fulton, 169 N.W.2d 875, 877 (Iowa 1969). Under chapter 409 in an earlier form, this court held that city councils had little leeway with plats. They were required to approve plats as tendered which met the express statutory requirements; nothing else could be considered. Carter v. City Council, 180 Iowa 227, 230, 163 N.W. 195, 196 (1917); Burroughs v. City of Cherokee, 134 Iowa 429, 431, 109 N.W. 876, 877 (1906); GiZtner v. City Council, 128 Iowa 658, 659, 105 N.W. 194, 194 (1905)• Numerous decisions to the same effect from other juris- dictions could be cited. Illustrative are Land/Vest Properties, Inc. v. Town of Plainfield, 117 N.H. 817 , 8221 379 A.2d 200, 203-04 (1977); Longridge Builders, Inc. v. Planning Board, 92 N.J. Super. 402, 408, 223 A.2d 640, 644 (1966), aff'd, 98 N.J. Super. 67, 236 A.2d 154 (1967), gff'd, 52 N.J. 348, 245 A.2d 336 (1968). Since the time of the cited Iowa decisions, however, many states have by statute broadened the control of local governments over subdivisions and additions. Part of the rationale of these statutes is stated thus in a Note, Subdivision Regulation in Iowa, 54 Iowa L. Rev. 1121, 1122-23 (1969): Once an area of the city is developed, the cost of change becomes prohibitive, and it becomes evident that a subdivider has cast the pattern for the future community. Since urbanization of raw land at the city's edge is now the most important development area, it is here that the most signifi- cant public influence should be exerted. Although the individual subdivider may see his particular subdivision as a complete unit, the planning agency or commission must necessarily view it as a segment of an entire community. It is therefore apparent that the initial factor that should encourage the interest of the community in effective subdivision control is the permanence of the development itself. In addition to the permanence of the development, as society becomes more complex the community is called upon to furnish additional services and to extend existing facilities to its new subdivision 643 j MICROFILMED BY 1JORM MICROLAB CEDAR RAPIDS -DES MOINES 1-71 a --. i - 14 - residents. The municipality, for instance, will have to provide extended police and fire protection, make provision for garbage disposal, and install gas, telephone and electric utility service. By providing these services the city should have the opportunity to make sure that the streets are wide enough to facilitate fire fighting equipment and that the lots are large enough to prevent fire hazards and ensure utility easements. The layout and construction of streets should be capable of handling present and anticipated traffic and of providing adequate parking. To provide for the general health, the community must demand that drainage be adequate to prevent flooding, that facili- ties be sufficient to provide for disposal and treat- ment of sewage and that a sanitary and ample water service be made available. Concern must also be given to provisions for the educational and recreational facilities demanded by the new subdivision. By the enforcement of subdivision regulations the community will be alerted to the possibility of the new services it will be forced to provide. See also Tomain, Land Use Controls in Iowa, 27 Drake L. Rev. 254, 300-03 (1977-1978). In 1931 the Iowa General Assembly enacted such a statute. 44 G.A., ch. 165 (nota incorporated in section 409.14 of the Code). As applied to Iowa City, the pertinent part of section 409.14, for present purposes, provides: Said plats shall be examined by such city council, and city plan commission where such exists, with a view to ascertaining whether the same conform to the statutes relating to plats within the city and within the limits prescribed by this section, and whether streets, alleys, boulevards, parks and public places shall conform to the general plat of the city and conduce to an orderly development thereof, and not conflict or interfere with rights of way or extensions of streets or alleys already established, or otherwise interfere with the carrying out of the comprehensive city plan, in case such has been adopted by such city. If such plats shall conform to the statutes of the state and ordinances of such city, and if they shall fall within the general plan for such city and the extensions thereof, regard being had for public streets, alleys, parks, sewer connections, water service, and service of other utilities, then it shall be the duty of said council and commission to endorse their approval upon the plat submitted to it; provided that the city .council may require as a condition of approval of such plats that the owner of the land bring all streets to a grade acceptable to the council and comply with such other reasonable requirements in regard to installation of public utilities, or other improvements, as the council may deem requisite for the protection of the public interest. In addition, chapter 9.50 of the city's ordinance begins . ... j MICNUMMU of 'JORM MICROLAB COAR RAPM- DES MOINES 4 - 15 - 0 thus in section 9.50.1(B): This Chapter is to provide for the harmonious development of Iowa City for the coordination of streets within subdivisions with other existing or planned streets, for adequate open spaces, for traffic, recreation, light and'air, and for dis- tribution of population and traffic which will tend to create conditions favorable to health,safety, and general welfare. Section 9.50.5(A)(1) provides: New subdivisions shall make provisions for continuation and extension of arterial and collector streets. In construing these provisions, the choice is between the strict approach which Oakes advocates and a more liberal one. A strict approach will more likely avoid favoritism by city councils and heavy-handedness by local bureaucracy. While platters do have some protection in the de novo court review, litigation puts them to expense and the courts defer to factually -supported council decisions which appear "reasonable." The strict approach, whereby a council must be able to point to an explicit provision on which it bases disapproval of a plat, undoubtedly affords the platter more certainty. The more liberal approach has the advantage of permitting disapproval of plats which actually contain flaws that violate legislative intent and purpose, although the particular items are not spelled out in so many words in the legislation. This approach takes account of the likelihood that not every conceivab flaw, although it may be of considerable practical moment, can be anticipated by specific language in ordinances and statutes. It also allows the platting function to be used more effectively as an accompaniment of 'zoning. .Cunningham, Land -Use Control --The State and LooaZ Programs, 50 Iowa L. Rev. 367, 435 (1965) ("The very close relation among municipal planning, zoning, and sub- division control is obvious. Ideally, both zoning and subdivisior control are tools for effectuating comprehensive land -use plans.") I MICROFILMED BY IJORM MICRO_ LAB •CEDAR RAPIDS•DES MOINES 663 -16" On balance, we incline toward a reasonably liberal reading )f subdivision legislation, subject to the watchful eyes of the courts under their de novo review. At the.same time, we hold that councils must not approve or disapprove on whim, see Knutson v. State ex rel. Seberger, 239 Ind. 656, 662-63, 157 N.E.2d 469, 473 (1959), but rather on the facts of each case and on the anifest objects and purposes of the legislation. 62 C.J.S. funicipaZ Corporations § 830, at 200-01 (1949) ("In exercising its powers a planning board or commission should act reasonably, and should be guided by factors affecting the welfare of the community, and by the provisions of the statute or charter under which it operates."). Oakes' extreme argument, that in no event can the access issue be considered because it is not expressly listed in the legislation, would B permit intolerable results; a council would have to approve a single -access but otherwise proper subdivision irrespective of the number of units. Applying a reasonably liberal reading to this legislation, we think a developer would understand from the quoted portions of sections 409.14, 9.50.1(B) and'9.50.5(A)(1) that provision must be ' made for adequate access. We hold that councils may consider access in passing upon plats. Our conclusion finds.support in Prudential Trust Co. V. I City of Laramie, 492 P.2d 971 (Wyo. 1972). There the court pointed out the possibility of arbitrary council action and then stated: With that thought in mind, counsel for appellees was asked during oral argument what is needed to make appellant's plat acceptable to the city. The only deficiency which counsel mentioned'in his answer is the need for outside tie-ins to orient the platted area with other areas of the city. In other words, a need for the plat to tie the new platted area in with outside areas, as far as streets and alleys are concerned, and for these streets and alleys to correspond in width and direction and be continuations of other streets and alleys in the city or additions thereto. The court concluded: Our view is that the right and duty of the city to approve a plat necessarily carries with it the -' HICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 663 -17- right to set reasonable and just prerequisites and requirements for approval of the plat, and in particular in the area of bringing the plat into conformity with other areas with respect to lots, blocks, streets, and the like. d. at 973,.974• See Land/Vest Properties, Inc, v. Plainfield, 17 N.H. 817, 379 A.2d 200 (1977); Caripay v. Town of Hanover, 16 N.H. 34, 351 A.2d 64 (1976); Mansfield & Swett, Inc. v. Torun f West Orange, 120 N.T.L. 145, 161, 198i A. 225, 234 (1938)(''The cry power bestowed upon the planning board may be exerted o protect the community against unnecessary traffic risks. That. is one of the'statutory designs."). See also Ross v. United States, 7 App. D.C. 1 (1895); Alefford V. Tulare, 102 Cal. App. 2d 919, 228 P.2d 847 (1951); Annot., 11 A.L.R.2d 524, 532-37, 572-74 (1950). We hold that the access to the subdivision is inadequate, that the council could consider the subject of access, and that the council's disapproval of the plat as proposed was C. Oakes contends, however, that if it , eliminates the cul-de-sac on proposed Carver Street and extends that street to the south line of the subdivision, the onus will be on the city to establish a street from that point to Muscatine Avenue through Courtcrest's property --and that this will provide the added access'. Can Oakes compel the city to establish a street through the Courterest land? Examination of the exhibits of platted areas in Iowa City, like the plats of other cities, together with such decided cases as Burroughs v. City of Cherokee, 134 Iowa 129, 109 N.W. 876 (1906) demonstrates that streets typically come about through dedication by platters. First is the townsite, in which the platter lays.out* lots and blocks and dedicates streets and alleys, then come adjoining additions or subdivisions in which platters dedicate more streets and alleys and tie them into those of the original townsite, and thereafter arrive more additions and subdivisions, with platters dedicating streets and alleys tied to the earlier ones. MICROFILMED BY ':JORM MICROLAB CEDAR RAPIDS -DES 'MOINES (63 In this case,'' however, an unusual problem developed from steps which were not taken. 'Despite Attorney General opinions running back to 1970, in 1977 Courtcrest conveyed a second tract of land --to Oakes --without involving the city through platting. Courtcrest retained a strip of land (which it offered to sell to Oakes)between Oakes' tract and Muscatine Avenue without extending existing Carver Street to Oakes' tract. In this situation, Oakes designed a high-density subdivision of its somewhat landlocked tract without first approaching the council about methods and means of obtaining an outlet to Muscatine. Courtcrest now refuses: to grant a street through the strip -- this would probably be an extension of existing Carver Street to the subdivision. Its principal stockholder is reported to have said "there was no way in hell they would extend that street through his property." Furthermore, Oakes does not wish to reduce the density of the subdivision substantially and thus re- duce its profitability. Finally, the city, which was not brought into the picture until all these factors had become-X-a.it accompli, has found as a fact, and correctly, that the subdivision as proposed has insufficient access. In this setting, Oakes asserts that if the council does not approve the plat as proposed it must establish a street from Muscatine northward to the subdivision line by condemning right- of-way through Courterest's land. This issue is the crux of the case. Extending existing Carver Street does not simply mean "opening" a street; it also means establishing a street and acquiring the necessary right-of-way. The council has undoubted power so to establish and open an extension of Carver Street. Formerly, cities could establish streets under section 389.1 of the Code of 1973, but this section was repealed by the Home Rule Act. 1972 Sess., 611 G.A.,ch. 1088, § 199• Cities now have the power to establish streets and condemn right-of-ways under the Ho MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES 1401NES 4�3 i 19 Rule Amendment, the Twenty-fifth Amendment to the Iowa Consti- tution, see Bechtel.v. City of Des Moines, 225 N.W.2d 326 (Iowa 1975), augmented by section 471.4(6) of the present Code giving them the power of eminent domain. i The question, however, is whether Oakes can require the council to extend Carver Street. The general principle is that governing bodies such as city councils and county supervisors have.broad discretion of a legislative nature to determine whether a street or road shall or shall not be established, initially or by extension, and that courts cannot interfere with this legislative function except in a clear case of fraud, bad faith, ' or arbitrary abuse of discretion. As stated in 39 Am. Jur. 2d Highways, Streets, and Bridges § 38, at 430-31 (1968): The duties resting upon municipal and other governmental authorities with respect to the establishment of streets or other highways are, unless imposed by positive law, of a political rather than a legal nature, the per- formance of which cannot be compelled by the courts, and for the nonperformance of which they cannot be held responsible. To warrant the establishment of a highway which is to be opened, constructed, or maintained at the public expense, orto warrant the exercise of the power of eminent domain for such purpose, such highway must be required by public convenience and necessity. Whether such necessity exists, however, is generally regarded as a legislative question which must be left to the•discretion of the proper governmental authorities. In other words, the determination as to the propriety and necessity of a proposed highway or street is final and con - elusive, and is not open to judicial review in the absence of fraud, bad faith, or arbitrary abuse of that discretion. Whether a given road will subserve the public need or convenience is a question for the government alone to determine. To the same effect see 63 C.J.S.'dunicipaZ Corporations §§ 1042, I 1043 (1950). This principle is followed in Iowa.' The court + quoted Iowa decisions in Tott v. Sioux City, 261 Iowa 677, 680, a I 155 N.W.2d 502, 504-05 (1968): "The powers thus conferred are legislative in character, and within the limits prescribed by statute are plenary. The only limit upon them which the courts have been inclined to recognize is that they shall not be exercised unreasonably." Lacy v. City of Oskaloosa, 143 Iowa 704, 708, 121 j N.W. 542, 541, 31 L.R.A.,N.S., 853. 663 i MICROFILMED BY JORM MICROLAB CEDAR RAP IDS- DES MOINES -20 Under section 389.1, "a wide discretion is vested in cities and towns in the opening, control and vacation of streets and alleys. While the exercise of this power is not unlimited, yet where it is exercised in good faith, and for what it believes to be the public good, the courts will not interfere in the action of the municipality. Such interference is justified only in a clear case of arbitrary and unjust exercise of the power. (Citing cases)". Stoessel v. City of Ottumwa, 227 Iowa 1021, 1022-1023, 289 N.W. 718, 719; Des Moines City Ry v. City of Des Moines, 205 Iowa 495, 503, 216 N.W. 284; Morrison v. Hershire, 32 Iowa 271, 276. This council has refused to extend Carver Street at city expense. The specific question is whether, under these particular facts, Oakes has established a clear case of an arbitrary and unjust exercise of discretion by the council. The council's position is that Courtcrest and Oakes created the problem--Court- crest by not platting originally, and Oakes by not buying the additional Courtcrest outlet originally and by later designing a subdivision with a higher density than its northern easement will accommodate --and that the city should not have to bail Oakes out by a condemnation lawsuit against Courtcrest; that Oakes' failure originally to obtain sufficient outlet was due to its own lack of foresight or its unfounded hope of obtaining council approval of an inadequate outlet; that Oakes may have a right of damages from Courtcrest for not platting originally; and that the.city does not desire to incur the expense of an unpredictable condemnation lawsuit and award, at public expense, in order that Oakes may develop its land to high density. We hold on the record that Oakes has not established a clear case of arbitrary and unjust exercise of discretion by the council in refusing to extend present Carver Street at city expense. If Oakes persists 'with its proposal for a high density subdivision, the council may be willing to extend.Carver Street if Oakes underwrites the cost. See 26 Am. Jur.'2d Eminent Domain j MICROFILMED BY JORM MICROLAB "CEDAR RAPIDS•DES MOINES ( 41 1"_ -21- j--`, § 36 (1966); 29A C.J.S. Eminent Domain § 31, at 264 (1965). This could put the situation in the posture it would have had if Oakes had originally acquired the Courtcrest strip of land or a right -o£ -way through it. On the record before us, we uphold the judgment of the trial AFFIRMED. All Justices concur except McCormick, Allbee, and Schultz, JJ., who dissent. ' MICROFILMED DY ' _ DORM MICROLAB j. CEDAR RAPIDS -DES MOVIES I 1 I i i f i i' i . I i d 1 I j f I ' MICROFILMED DY ' _ DORM MICROLAB j. CEDAR RAPIDS -DES MOVIES I 1 I i i f i i' i . I i j I i .a 5,— W , Oakes Const. Co. v. City of Iowa City i RMICK, J., (dissenting). I am unable to agree with the holding in division IIIB that city council had authority to disapprove the plat on the basis insufficient access. The question is not the desirability of a tutory or ordinance provision or comprehensive plan delineating access requirement. Rather it is whether the requirement can onably by found in an existing statute, ordinance or compre- ive plan. The city council was acting in an administrative capacity in eviewing Oakes' plat. It had no right at that time to legislate ew condition for approval. Although the court cites section 09.14, The Code, and chapter 9.50 of the city's ordinance as iding the necessary authority, I do not believe they support city's action. Section 409.14 gives the city authority to ascertain whether plat conforms to relevant statutes, city ordinances, and, if ted, the comprehensive city plan. It then provides: If such plats shall conform to the statutes of the state and ordinances of such city, and if they shall fall within the general plan for such city and the extensions thereof, regard being had for public streets, alleys, parks, sewer con- nections, water service, and service of other utilities, then it shall be the duty.of said council and commission to endorse their approval upon the plat submitted to'it; provided that the city council may require as a condition of approval of such plats that the owner of the land bring all streets to a grade acceptable to the council, and comply with such other reasonable requirements in regard to installation of public utilities, or other improvements, as the council may deem requisite for the protection of the public interest. city did not have a comprehensive plan at the time involved e. Thus, authority for disapproval of the.plat must be found i statute or ordinance. j MICROFILMED DY JORM MICRO_ LAB 'CEDAR RAPIDS -DES 140INES G63 Neither the city nor the court purports to find any statutory rt for the city's action outside of section 409.14. I find ng in section 409.14 which authorizes.the city to disapprove a t because the developer does not provide a street through some - else's property. In authorizing the city to impose "reasonable uirements in regard to installation of public utilities, or' er improvements, as the council may deem requisite for the tection of the public interest," the statute at most allows a uirement that a street be extended to the subdivision property . An analogous problem was discussed in Baltimore Planning :ommission v. Victor- Development. Co., 261 Md. 387, 393-94, 275 A. 978, 482 (1971): There is little doubt that the developer can be required to deal with the problems he creates in his own subdivision but there is even less doubt that he cannot be saddled with the resolution of problems common to the area and for which he is no more responsible than other citizens. In Baltimore v. Security Mortgage Corp., supra, the county sought to require a developer to share the cost of building a bridge on other land and when he refused the county withheld approval of his plats. We held that -"in the absence of an enforceable contract or statutory authority * * * [a county) cannot, as a prerequisite to approval of a subdivision plat require a developer or owner to defray the cost and expense of land improvements which lie beyond * * * [his] property and are on land owned by others." Id., 227 Md. at 239, 175 A,2d at 757. ng similar reasoning, I would hold that the city's disapproval the plat was not authorized by section 409.14. Nor is the disapproval authorized by any provision in ordi- nce chapter 9.50. Section 9.50.1(B) is merely a general state- ment of purpose. Uhether the city's purpose may be achieved depends on specific provisions of the ordinance. Section 9.50.5(A) (1) is the only specific provision cited by the court. That 1 i 663 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES Ci � L. � ._�_�_ _ - �_ �` � -�_ .�� - __ •� .� tel_._ 1.- - , I provision, however, does not purport to require continuation or :xtension of streets beyond subdivision boundaries. Section ).5.0.5(A)(4)(k) addresses that issue. It provides: "Arterial ind collector streets) in a subdivision shall extend through to :he boundaries thereof." Also relevant is section 9.50.5(A)(4)(d) )hick provides: "No dead-end streets or alley's will be permitted !xcept at subdivision boundaries on undeveloped areas." Further- iore, the street in the Oakes subdivision is within the definition f local street in section 9.50.3(B)(2)(c). The plat admittedly omplied with restrictions governing cul-de-sacs in section .50.5 (A) (2) (b) (4) . In view of the specificity with which the ordinance imposes ther requirements regarding street construction, it seem reason- ble that the city should have been able to anticipate the kind f problem presented in the present case.However, it did not do i • i If the city believes access to the Oakes subdivision should )e provided across the Courtcrest property to the south, it has Ife ower to p provide it. This is not a question of Oakes com- oelling the city to construct a street. Instead, constructing a treet.is a method by which the city may solve.the access problem • 'hich it perceives, if it chooses to do so. The ultimate issue in this case is whether existing legi- lation authorized the city to disapprove the Oakes plat because t did not provide for a street across ad'ace t t I d 7 n property. o of find such authority even under a liberal construction of the elevant legislation. Therefore, I would reverse the trial ourt. Allbee and Schultz, JJ., join this dissent. i I �f d63 MICROFILMED BY ,JORM MICROLAB -CEDAR RAPIDS -DES MOINES 'I A, City of Iowa City MEMORANDUM DATE: May 1, 1981 TO: City Council FROM: Mayor John R. Balmer r� RE: �� I am proposing that transit fares be increased from 35 cents to 50 cents effective July 1, 1981. This additional revenue will allow the City to undertake the entire asphalt overlay program, including Friendship Street, and fund the road use tax revenue shortfall for 1981 and balance the FY 82 transit budget. I will elaborate further on this proposal at our Monday meeting. MICROFILMED BY "JORM MICROLAB CEDAR 'RAPIDS -DES -MOINES Y_. City of Iowa City MEMORANDUM Date: May 1, 1981 To: City Council From: CitytiPnager Re: Development Adjacent to Scott Boulevard At the informal Council session on May 4, 1981, Mr. Robert Wolf will discuss with the City Council a proposal for developing 37h' acres along Scott Boulevard immediately north of the Sunshine Mobile Home Village. On this property Mr. Wolf proposes to develop 240 lots of approximately 5,000 square feet each which will be sold to individual homeowners for the construction of mobile homes on permanent foundations. A sketch of a proposed unit is attached. By constructing these units on foundations they will be eligible for longer term financing. The purpose of the project is to provide moderate cost housing. Mr. Wolf will own the streets and the common areas. It is proposed that the City provide water and sewer service. The sewer service will be provided through the BDI lift station. Mr. Wolf has discussed this matter with BDI and has reviewed it with the Department of Environmental Quality. At such time as the trunk line is constructed, the subdivision would be connected to the new lint. The purpose of the discussion wii.l be to determine whether 6r not you agree with the concept and annexation of the land to the City. The density of the development and the requirement for utilities would seem to make annexation to the City desirable. Enclosure 1 cc: Don Schmeiser Chuck Schmadeke Pat White I MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES 1401NES 6 af1■Iny:: 1 111I IN I I(II�111 .u',dNIWI e, �HI:!!►Isf�ll 111111 ,,, ,� IIIIIIII IVIIVI 111111! Oi110 Inn mm nm �� E±!G. EIEvaTlowl�i �� 'L .1 �GE.+.R Eti Fvr.Tior.i ...�- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4s City of Iowa City MEMORANDUM Date: May 1, 1981 To: City Council From: CitJ�F1'ager Re: Davi///s Building Lease The current lease of the Davis Building for City offices expires on June 30, 1981. Since no decision has been made regarding whether or not offices currently located in that building will be moved to the third floor of the Senior Center, it is necessary to initiate discussion of the terms for a renewed lease of the Davis Building. Staff will meet with Mr. Glasgow on Tuesday, May 5, 1981, to begin discussions. Mr. Glasgow has been asked to provide information at that time regarding what space will be available to the City and what amount he will be asking for rent on a new lease. If City offices are to remain in the Davis Building, it will be necessary in the near future to enter into a new lease agreement. On the other hand, Mr. Glasgow has requested that he be notified as soon as possible if we will not be occupying that building so that he may arrange for whatever work will be necessary to renovate the building for another purpose. I will keep you apprised of the current status of all discussions and will come to you in the near future with a proposal for renewal if a decision has not been made to relocate the offices in question. tp4/7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 646 City of Iowa City MEMORANDi Date: April 27, 1981 To: City Manager and City Council From: Hugh Mose, Transit Manager /I1 Re: Summer School "Tripper" Bus n 1 For the past two summers we have experienced severe overcrowding on our Hawkeye route at 7:30 a.m. This appears to be due to summer school classes and work shifts both starting on the hour, creating a very high demand just prior to 8:00 a.m. Although buses are full on several other routes, only the Hawkeye bus has been forced to pass people by. In the past, we have been reluctant to provide any additional service to meet this demand because, although the service itself would have been relatively inexpensive, a provision in our labor agreement would have required us to guarantee paid meal breaks to all full-time drivers, which would have been prohibitively expensive. This is no longer the case. In fact, because we now provide meal breaks Monday through Friday all year around, we can add this particular trip onto the beginning of the seal break schedule at a very reasonable cost. Also, the Equipment Division has assured us that having a bus available for one trip each morning will not be a problem during the summer. Therefore, it is recommended that during the six weeks of summer school an extra bus be scheduled to operate on the Hawkeye route from 7:30 to 8:00 a.m. The cost will be approximately $15.00 per day, a portion of which will be generated from the farebox. Unless the City Council directs otherwise, the Transit Division will implement this extra trip effective June 8, 1981. bdw4/4 i MICROFILMED BY `JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 667 9 V cL I City o4 Iowa Citi MEMORANDUM Date: May 1, 1981 To: City Manager and City Council From: Hugh Mose, Transit Manager Re: Fare Policy The City Council has recently expressed interest in a transit fare increase. In an effort to stimulate discussion of our overall transit pricing policy, this memo is presented. Transit fare policy should be developed too timize ridership and revenue; that is, not necessarily to maximize revenue but also to maximize service to the public. A very high fare, which marginally increases revenue at the expense of greatly decreasing ridership, is hardly in the best public interest. Likewise, a very low fare, which increases ridership dramatically with only a small increase in revenue, quickly becomes an unacceptable burden on local government. The objective, then, should be to develop a fare structure that encourages high ridership but also provides an adequate level of financial support so that the system remains viable. When Iowa City took over the operation of the public transit system in 1971 the fare was reduced to 154 in order to encourage ridership. This Policy of keeping the fare low and supporting the system through local taxes has continued for almost ten years. During this time Iowa City has seen its transit system develop into one of the finest small -city transit operations anywhere; public support and patronage have never diminished. As transit operating costs have risen, local tax support and transit fares have increased hand in hand. In addition, for the past several years State transit assistance has reduced somewhat the local commitment to mass transit, and in FY82 it appears that some Federal monies will also be available. In spite of these changing conditions, however, the ratio of transit fares to local tax support has remained almost constant, as shown in the following table: Local Tax Support* per Dollar of Farebox Revenue FY78 1.19 FY79 1.16 FY80 0.75** FY81 1.03 *Include property taxes and Federal Revenue Sharing. **Unusually low due to inclusion of earlier State grant. At a base fare of 354, and using our best estimates of likely federal and state transit assistance, FY82 local tax support will amount to $1.05 per dollar of farebox revenue. If the fare is raised to 504, local tax support will be reduced to only $0.66 per dollar of fares. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140INES I s Clearly, an increase in fares at this time will represent a radical departure from past transit pricing philosophies. Therefore, if the City Council wishes to consider increasing transit fares perhaps it ld worthwhile +- examine the overall transitfare/local tax structure, and make some firm policy decisions which will guide the Council in making this and future transit pricing decisions. John Lundell, JCCOG Transportation Planner, and I stand ready to work with the City Council in the development of an overall transit fare policy. bj4/10-11 MICROFILMED BY �JORM MICROLAB MC�DAR RAPIDS -DES 1401NES 1 0 3„_. i HAYEK, HAYEK 6 HAYEK WILL J. HAYEK ATTORNEYS AT LAW JOHN W. HAYEK ! IIO EAST WASHINGTON STREET C. PEER HAYEK IOWA CITY, IOWA 32240 C. JOSEPH HOLLAND April 1, 1981 I ” 1 Mr. James R. Keele Keele 6 Keele, P.C. 104 East 3rd Street West Liberty, Iowa 52776 Dear Jim: I have your letter of March 27th concerning the Helble matter. I am sending a copy of your letter as well as a copy of the plat to the City Council and I will suggest that we discuss this matter at an informal session to be scheduled in the future. When that matter is scheduled, I will let you know so that you can attend on behalf Of your client if you wish. In the meantime, as you requested, I am enclosing a copy of the letter I sent to Mr. Meardon concerning the Hershberger matter. Very tru y yours, oh W. Hayek JWH:vb Enclosure cc: Don Schmeiser E I ' L p((�p tt k I 1 r. I k I MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS•DES•MOINES AREA CODE DIS 337.8806 I i I. • i j II _ I i I 1 I I I i i f I r j i, GG9 HAROI.n D. KEELE JAMES R. KEELE UW OFFICES OF KEELE & KEELE, P.C. 104 CAST THIRD STRECT WEST LIBERTY, IOWA 52776 319 629.2216 March 27, 1981 Attorney John W. Ilayck Hayek, Hayek & Ilayek 110 East Washington Street Iowa City, Iowa 52240 RE: Plat Recorded in Plat Rook 14, Page 64 Plat Records of Johnson County, Iowa Dear John: WENT @RANCH 0111001 100 CANT MAIN STREET WENT 11NANCH. IOWA 63366 91, /43•2011 I am writing to you on behalf of Mr. Leon lielble of Iowa City, Iowa in your capacity as City Attorney for Iowa City, Iowa. Several years ago Mr. lielble purchased a residential lot in a private subdivision that was described as follows: Tract No. I as shown and described on plat recorded in Plat Rook 14, page 64, Plat Re- cords of Johnson County, Iowa, situated in Section 26, Township 80 North, Range 6 West of the 5th P. M. Recently Mr. Ilelble signed a contract to sell his residential lot and the prospective buyer's attorney, Alan 11. Leff, correctly ob- jected to the fact that the private subdivision platting was never approved by the City of Iowa City. Mr. lielble has employe] my- self to assist him with this title problem, although I had nothing to do with representing him when he bought the lot or the original developers who platted the subdivision. l My investigation to date reveals that the original subdivision was platted by Richard Ellis and Robert Maske following all established proceedures for Johnson County. After public hearing, the Johnson County Board of SuPervisors approved the plat on September 11, 1975 and the plat was recorded immediately thereafter. For your information j MICROFILMED BY IJORM MICRO_ LAB 'I. CEDAR RAPIDS -DES MOINES 669 Attorney John W. Hayek March 27, 1981 Pagel i a copy of the recorded plat is enclosed herewith. At no time during the platting proceeding, however, was the City of Iowa City consulted. Yesterday I consulted with City Planner, Don Schmeiser, about this problem and Mr. Schmeiser advised me to contact you. Mr. Schmeiser indicated that this platting problem was identical to the Hershberger platting problem that you recently handled for the City. In fact, Mr. Iielble's subdivision lies directly north of the Hershberger subdivision on Prairie du Chien Road within the two mile jurisdictional limit. Mr. Schmeiser recommended that the City not formally accept the subdivision in question for the reason that it does not meet current subdivision standards, but the City should write a letter to correct title problems indicating that they will not object to the plat that is already of record. It would be nearly impossible for the subdivision in question to be replatted for the `reason that the tracts are owned by different individuals and several homes have already been built thereon and the lot lines cannot be changed. Will you please advise me how I should proceed to approach the City Council to request their cooperation with this problem. I mould be happy to meet with you or with the City Council at anytime to further explain the plat in question. It would also be helpful to me if you could provide me with a copy of the letter given by the Council to Mr. Hersh- berger for his platting problem. I am hopeful that I can request the same letter from the Council to cure Mr. Helble's title objection. Any suggestions that you can give to me will be appreciated. Thank you for your cooperation with this matter. JRK/laj Enc. (1) With best regards. Very truly yours, KGIiLf? � KGGLL'� Janes IRI Keele MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES M I Nso-12.0VW Doe'12'0!"z IN 101,05' t� 437.70' 0 J �3 �. o u t 1 t o :' .''TRACT 2. a' i u .. l D TRACT 1 v 3 W 1.82 Ac. 8 i. 1. _ ' t { •ry' �: •M, ' t ��JJi L. 1A Jy'. Itl} t Ir .' • �' 1.,{ L "' 1 ^ ,Jr •I rl {•\Y - IIY� J t r It 1 ..� - L YI •1 1 " j�,' ) 1� {� 1 (1 ..11•�R.., 1 J yes -a' zs :, r :1. .!; � • t�: GBy '307.3'3'14•[ 593.74' 1!!1.01' .,, ( Mg_,.i•.',Su:' I..r., ROADWAY - T R ACT 3 f hrl 1, �CA59MMUr ° 2;45.'AC ti ' • . >•,; ,, 11 x I a 1 t ,1 ♦ ,, .. c. , 1 Y ; 1�rtlll t�Jl r, ! r.' � Y �'N � 4; , , r• t L'•Iri111t• aP ,v �D (j ,`I in' I ' Op '� /I►J'tt'.i :\ \Y ! pLt'I +Y'., SII , � �yTlf 1r L 1 w ! ��{►.p;4{ "1 Vit, :1 'L't •� .' �•', i I{d h�Fblt++ 1 tp }I •. T Si- t1.'. +�•� '. J oL ti ItO&O 1596,:4 • ��"IY" ,. ,'1 1 .,tC�, (It+ •lit ? R 1 I 1 j, tYt, , ,I i J { �, :. 0� h �.� �r .fir , '.t •r , 1 1 1 j�h ' , ,,, '! , y 'A1 . p 1 , AIS ' ; � F..'t7• I I �' 1 J}Rt A�� 1�J.. , 111 r ; I ,r I J1, i1 .` • r, • C I J ,r'• .f.. .r•n)CNr.49.771.Y!}, iW r. ,2!• .<.'',t 1. .�it}.L.i^.,d 46'�a .• ..e,3 Ifs" Ro t 9BD.3s•oD•W I i� ' j 4O tv4v CASEMENT 16 iso _ t r t J ,-' ' I ' ,.', t 1 :I .. � N d R. � '• •• �t,b 4 i 7. on r a D P yp' ytr� j >� '0 { i 0 N I 4 i _ •1 4 LEc1cNa 0 IRON'ROD FOUND 13ENT CRE5wr) ,• 1', _` 0 IRON ROD FOUND Survey rvgvented byi O ''6•r 50- IR01J ROD ',lCT Hiehnrd Ellie Robert flask• j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES' MOINES ■ fit;. ' r i�'It ��7�• OL.. 1 "moi n� l 1 i , r 1. a F'i'� t, , , `t-7' `�•tt'_., iY �rit '��ir1 fF.i'1 Yr',F. ♦Y.' ( it 1 q. °141i'�P �1 }'Ik r, _1 Z,- (0 1 J 'ififrL �1, h.LS!'N •'' " 1 iit 1;Z ,I ,.'• r l� 1 {I ,,. J;� , . •+taL! \,. , e4•"'1. •,,,• ' , 1311 ,,,, i :.!, Ir r' •�, �Ih ) J N' 1 r 1 h'I' Y i ? n• is -1x'44 "I I TRACT 5 R• 3, L94 3.95: Ac. 1 `L.• I INI I ;',TRA c r 4 ;a��•yo'" 2.12 Ac. Ro t 9BD.3s•oD•W I i� ' j 4O tv4v CASEMENT 16 iso _ t r t J ,-' ' I ' ,.', t 1 :I .. � N d R. � '• •• �t,b 4 i 7. on r a D P yp' ytr� j >� '0 { i 0 N I 4 i _ •1 4 LEc1cNa 0 IRON'ROD FOUND 13ENT CRE5wr) ,• 1', _` 0 IRON ROD FOUND Survey rvgvented byi O ''6•r 50- IR01J ROD ',lCT Hiehnrd Ellie Robert flask• j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES' MOINES ■ V% - City of Iowa City MEMORANDUM = Date: April 28, 1981 To: Neal Berlin and City Council From: Chuck Schmadeke, City Engineer Cy� Re: Revised List of Streets for FY82 Asphalt Overlay Program The FY82 asphalt overlay program revised list is as follows: Division I - Road Use Tax Money Van Buren Street - Kirkwood Avenue to Benton St. $ 10,565 Kirkwood Avenue - Gilbert St. to Van Buren St. 23,382 Kirkwood Court - Pickard St. east to end 5,575 4 Greenwood Drive - Benton St. to Myrtle Ave. 38,48D Benton Street - From existing asphalt just east of 121G93 4 Greenwood Drive to 386 ft. west of Greenwood Dr. Seymour Ave. - Oakland Ave. to Clark St. 17,018 Ash Street - Highland Ave. to DeForest St. 9,920 Franklin St. - DeForest St. to 100' north of Highland Ave. 11,536 I First Avenue - Bradford Dr. to "H" St. 22;945 Wayne Avenue - First through Wade and Williams to Arthur 14,900 North Friendship St. - First Avenue to Court St. 106,246 $272,649 Division II is a separate project included in the FY82 CIP Program. This division will include an overlay of Waterfront Drive (Old Sand Road) from the railroad tracks south to the end. Also, the wood bridge will be { removed and replaced with 48 inch R.C.P. The cost estimate for this (f project is $42,130. j Division III is a part of the Railroad Crossing Improvement Project also [{ included in the FY82 CIP Program. This division will include railroad crossing improvements on Kirkwood Avenue east of Maiden Lane which will involve upgrading the tracks and improving rideability, etc., before overlaying with asphalt. This estimate is approximately $30,000. Division II and III are attached to the FY82 Asphalt Overlay Program E because of the asphalt work involved and the desire to minimize the disruption of traffic. ! The Crandic Railroad has agreed to supply the material and perform the i crossing work for the two crossings on Kirkwood Avenue. The Crandic will supply the labor for the crossing which they operate and the City will pay the cost of all material and labor on the other crossing. A separate contract will be let for the Gilbert Street and First Avenue crossings since the railroad does not want to be involved in their construction. G MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOINES i City of Iowa City MEMORANDt��VI Date: April 29 1981 To: Neel Berlin, City Manager From: Jim Brachtel, Traffic Engineer J > ) Re: Traffic Counts on Melrose Court This memo is to report that a series of traffic counts were performed on Melrose Court during the second week of April this year. These counts were done as a follow-up to previous counts. They are a part of the City's effort to monitor traffic conditions on Melrose Court. The new data is displayed below with previous counts. Sept. Oct. April O Y 1978 1980 1981 Tues. 2360 790 1230 Wed. 2520 980 1190 Thur. 2890 910 1170 The cost for gathering the last data set is $142. This cost includes labor and equipment rental. The cost includes field work and office data reduction. Should you have additional questions or comments please do not hesitate to contact me. bj3/12 MICROFILMED BY `JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES 67/ 'City of Iowa citti MEMORANDUM Date: April 29, 1981 To: Neal Berlin and City Council From: Chuck Schmadeke Vf• Re: Ridge Road Ravine Erosion The Engineering Division proposes to correct the erosion problem adjacent to 1685 and 1691 Ridge Road in the following manner: 1. Remove all debris and brush from eroded area. 2. Backfill the eroded area with clay using mechanical compaction equipment. 3. Install an 8" P.V.C. (plastic) pipe from the existing inlet to 160 feet downstream. 4. Place rip rap at the end of the proposed pipe to reduce further erosion. 5. Fertilize and seed disturbed areas. The estimated cost of this work, utilizing City work crews, is $6,000. Work can begin as soon as necessary easements are acquired from affected property owners. It is estimated that these easements will be acquired by June 1, 1981. bj3/10 M ! MICROFILMED BY !JORM MICROLAB 'CEDAR RAPIDS -DES -MOINES .-. MINUTES MELROSE CORRIDOR COMMITTEE APRIL 1, 1981 CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Perret, K yer, Turner, Gibson, Hart, Roberts, olrVetter. MEMBERS ABSENT: Bezanson. STAFF PRESENT: Brachtel, Boothroy, Tyler. FINDINGS AND RECOMMENDATIONS TO PLANNING AND ZONING The Committee finds, based on information presented to us including traffic counts and films, and our ensuing discussions, that there does not appear to be unacceptable traffic congestion in the Melrose Corridor at this time. Therefore the Committee makes the following recommendations: traffic not be rose rcle 1. That considered the imspaefuturelon of option to solveltraffic problems�in the area. 2. That the currently planned widening of the South Byington/Grand Avenue instersection to two lanes would appear to be an adequate improvement to meet the current traffic needs. 3. That further improvements need to be considered to accommodate pedestrian traffic on Melrose Court and across Melrose Avenue at Melrose Court and to. specifically reconsider our previous recommendations concerning these issues. 4. That if in .the future increased traffic demands on the Melrose Corridor would necessitate a major new traffic facility, then the Committee would recommend taht the Melrose Diagonal without median should be included among the options considered to remedy the traffic congestion. This should be considered an acceptable option only at such time as there are no longer private properties fronting on Grant Avenue Court. SUMMARY OF DISCUSSION The minutes of February 11, 1981 were amended as follows: Pae 1 add orners to new Melro a Avenue,Ilfr mo South Grand to Wolf and a busclanes on Iane on South Grand Page 2 - the time of the filming was from 3:45 to 4:45 P.M. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES• MOINES (c 7 3 i 7 1"- I Melrose Corridor Committee April 1, 1981 Page 2 I Page 4 write queue wherever que appears. Page 5, last paragraph, substitute Columbus, Ohio for Chicago. Minutes were approved as corrected. FILM STUDY ON BYINGTON AND GRAND AVENUE TRAFFIC FLOW Brachtel presented a film of traffic flow taken from the top of Reno dorm from 4:30 to 5:28 P. M., Thursday, May 19. Brachtel pointed out that the two lanes on Byington were inefficiently used and that widening will make a significant difference. He noted that after the widening takes place traffic engineering will have to study the flow, checking to see if there are more conflicts for traffic moving south on North Byington and attemthatthe traffic problem wasnotas ers indicated re great tappears ato as they had anticipated. show GRAND AVENUE -SOUTH GRAND-MELROSE ARTERIAL Boothroy noted that this plan was essentially the S-shaped alternative previously discussed by the Committee. He stated that both PPD and the University were opposed to the plan because it puts a major street betewen the dorms. This would require a peddstrian overpass. PPD considered it an undesirable land use. Gibson agreed saying that the University would consider this alternative a negative change. UNIVERSITY HEIGHTS STREET IMPROVEMENT PLANS Boothroy stated that University Heights plans to make some street improve- i ments during the summer. This includes improving the intersection of Melrose Avenue and Koser, reconstruction of Golf View, and widening Melrose to three lanes throughout University Heights. In addition the intersection at Melrose Avenue and Koser will be wired for stop lights. GRADING PLANS Boothroy stated that the estimated grading needed for the diagonal would be less than originally anticipated. It would be an 8% grade with a 3� foot cut at the deepest point (this would be at Grand Avenue and Byington). A 335 foot cut would mean that no additional land would be needed to accommodate the cut; it could be done within the right-of-way. Brachtel noted that dirt would have to be purchased but that dirt was a relatively small cost of the project. PPD REPORT ON IMPACT OF THE VARIOUS ALTERNATIVES Boothroy pointed out that the report did not represent a cost -benefit analysis. He explained that he considered three alternatives in creating the report - he in the improvements eat Gra nd and Byington traffic Byingtonplanned for this sumnothing beyond mer. 4� MICROFILMED BY 'DORM MICRO_ LAB CEDAR RAPIDS -DES MOINES b 73 a -11 —I Melrose Corridor Committee April 1, 1981 Page 3 He stated that his assumptions in compiling the report were: 1. Traffic in the area wi 11 increase. 2. The Law College will be constructed (Gibson noted that construction for next spring looked good). 3. Necessary additional right-of-way will be provided by the University if the diagonal is constructed. 4. Neighborhood integrity should be maintained and the residential environment kept intact. 5. A traffic problem does currently exist. 6. The corner of South Byington and Grand Avenue will be improved. 7. If the Melrose Diagonal is constructed, a pedestrian overpass will be built. 8. Two, separate neighborhoods exist, one south of Melrose Avenue and one north of Melrose Avenue. 9. The alternatives' were compared as to their impact regarding improve ments proposed east of Melrose Court to Riverside Drive. f 10. Byington Street (under diagonal alternative) would be filled in and revert to open space. Boothroy noted that the problem that existed in creating the matter was trying to weigh the benefits and costs and that the variables were ambiguous. Three people, Don Schmeiser, Bruce Knight and Boothroy worked on the matrix. Every item was equally weighed, which some people might disagree with. The general conclusions which Boothroy stated were. That the traffic circle is only a slight improvement over doing nothing. It -would.. benefit transit circulation some but would hinder internal circulation. It costs more than doing nothing, but on the other hand, is cheaper than the diagonal. The diagonal offers the greatest potential for improvement but also carries the highest cost. The Diagonal is preferable in terms of traffic circulation and environment, especially in regards to noise and air quality, and in land use. Its negative affects would be that the University would lose parking and possibly open spaces; initial costs will be high but maintenance will be lower than the other proposals. MICROFILMED By 'JORM MICROLAB tEDAR RAPIDS-DES'1401NES Melrose Corridor Committee April 1, 1981 Page 4 The Do Nothing option leaves no opportunity for improvement in the area. Given the increase in traffic, a negative impact on the environment and property values can be anticipated. Boothroy noted that the neighborhood would suffer from the maze of traffic. He summed up saying that he recommended that the Melrose Traffic Circle not be pursued because it did not provide the benefits sought and would be costly for the few beneifts which would accrue from its construction. The Diagonal will be very costly, it does have greater potential but the potential might not be that significant when weighed against the costs. Finally, he stated that the films indicated that the traffic problem is not accute. Boothroy added that with the Byington corner improvements scheduled for this summer, he saw no justification for the traffic circle. Perret stated that he had some disagreements with the matrix. Boothroy responded that he had tried to be objective but that some of the conculsion might be subjective. Kammermeyer pointed out that the Diagonal is a long-term solution. He stated that traffic problems are not great enough at the present time to justify construction of the Diagonal. However, in the future, with the building of the new Law College, the expansion of University Hospitals, the construction 518, etc., such a facility might be needed. By then the University will probably have acquired the necessary land. Wolraich expressed concern over approving a designated alignment for the Diagonal because of possible negative impact on property located in the proposed alignment. Gibson stated that he felt that being designated as property the University would like to acquire did not generally lower property value. Boothroy responded that the construction of the Diagonal would improve property value in some areas of the neighborhood and hurt it in other areas. Perret stated that the major goal of any facility is to move traffic smoothly and efficiently down Melrose Avenue to the river. Currentiv. the intersection at Riverside Drive is a major constraint. At optimum operating conditions, perhaps 40 cars can move through the intersection during a cycle. Whether the Diagonal or the Traffic Circle or nothing is done, still only 40 cars can move through the intersection. He asked why, under these circumstances, the Committee was even considering the Diagonal. The members discussed how much traffic could move through the intersection. Wolraich summarized saying that after this summer and the improvements of the Byington corner, they would have a better idea about how the intersection functions and what kind of improvements might be made. Kammermeyer moved and Turner seconded that the implementation of the Melrose Traffic Circle not be considered as a future option to solve traffic problems in the area. i MICROFILMED BY 'JORM MICROLAB . CEDAR RAPIDS•DES MOINES L, 673 7 { MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES G 73 0 Melrose Corridor Committee April 1, 1981 i Page 5 I Perret stated that it might be possible to make some selective improvements from the ideas presented in the Traffic Circle in order to improve traffic flow without that much cost. He stated that he was opposed to the motion because the Traffic Circle was the least expensive and least disruptive option. He f� also stated that he feared piecemeal improvements without any overall plan in mind. Gibson agreed that money could be wasted in making incremental improvements. r ii Motion carried with 5 ayes, Gibson abstaining, Perret voting nay. Kammermeyer moved and Roberts seconded that the currently planned widening of the South Byington/Grand Avenue intersection to two lanes would appear to be an adequate improvement to meet the current traffic. } u needs. Motion carried with 7 ayes, Gibson abstaining. e; Wolraich moved and Perret seconded that further improvements need to be considered to accommodate pedestrian traffic on Melrose Court and across Melrose Avenue at Melrose Court to and specifically reconsider our previous recommendations concerning these issues. Motion carried with 7 ayes, Gibson abstaining. t Members discussed recommending the Diagonal. Wolraich emphasized that the University is fi not presently planning on the Diagonal. He stated that he saw no need to recommend the Diagonal in the future the as only short- term effect would be to needless worrythe property owners. He added .that the Committee's _. official approval of the alignment could have negative impacts. Perret added that the Diagonal was not in the Comprehensive Plan. Previously, it had been rejected after considering the land use and the impact on the neighborhood. Hart stated that she could only support the Diagonal if the neighborhood is no longer in existence. Turner moved and seconded that if in the future increased demands on the Melrose Corridor would necessitate 1' a major new traffic facility, then the Committee would recommend that the Melrose Diagonal without median should i be included among the options considered to remedy the traffic congestion. This be should considered an acceptable option only at such time as there are no longer private properties fronting on Grand Avenue Court. Motion carried, 7 ayes with Gibson abstaining. Turner recommended that the motions be preceded by the following preamble: The Committee finds, based on information presented to us including traffic counts and films, and our ensuing discussions, that there does not... appear to be unacceptable traffic congestion in the Melrose Corridor this time. at r. { MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES G 73 0 F, - Melrose Corridor Committee April 1, 1981 Page 6 The preamble was accepted by consensus. Meeting adjourned. Prepared by: Andrea Tyler Minute Taker Approved by: Isabel Turner Secretary MICROFILMED BY JORM MICROLAB j'CEDAR RAPIDS•DES�MOINES 67.9 i f h A Melrose Corridor Committee April 1, 1981 Page 6 The preamble was accepted by consensus. Meeting adjourned. Prepared by: Andrea Tyler Minute Taker Approved by: Isabel Turner Secretary MICROFILMED BY JORM MICROLAB j'CEDAR RAPIDS•DES�MOINES 67.9 MINUTES OF STAFF MEETING April p 11 15, 1981 Referrals from the informal Council meeting were distributed to the staff for review and discussion (copy attached). Items for the agenda of April 21 include: Resolution for closing out Clinton Street Modulars Reset public hearings for Regency Gardens and amendments to PAD Ordinance Resolution for amendments to LSRD for Ty'n Cae Public Hearing on CCN recommendations for CDBG funding Resolution of necessity for extending boundaries of the Lower Ralston Creek Redevelopment Plan Set public hearing for May 5 concerning extension of boundaries of the Lower Ralston Creek area redevelopment plan Amendment to agreement with Shoemaker & Haaland, Engineers for Lower Ralston Creek Project Set public hearing for disposition of right-of-way (Pickard Street between Highland and Friendly) Resolution on the release of Benton Street right-of-way Resolution regarding industrial revenue bond for Henry Louis Resolution adopting compensation policy for administrative and confidential employees Public hearing on amending the Uniform Building Code Resolution adopting Supplement 8 to the Code Public hearing on sale of property for public housing project Set public hearing on Parking Ramp A exist lane Set public hearing on Summit Street bridge deck replacement project Second reading of user ordinance. Recommend giving final reading as well. A brief discussion was held regarding management evaluation process. Three items had been listed on the agenda: initiative in cost savings, affirmative action, and energy management. The staff felt that these were good points but that others may be just as important. Some suggestions were: evaluate the management of crisis situations, evaluate the way in which an employee relates to the public, how well are we delivering the services which are required of us. It was stressed that the evaluation process should have a positive viewpoint and not concentrate on penalizing. The Library Director advised of an evaluation procedure and forms which were the result of efforts by a staff task force. Copies of the forms will be furnished to the staff. This subject will be placed on the agenda for next week's staff meeting. An article regarding the role of volunteers in local government was distributed to the staff. Bette Meisel led a brief discussion about the possibility of MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES a0 7,�- i using volunteers in the City. The development of job descriptions for such volunteer positions was also discussed. The Library Director described the process of job descriptions, agreements, evaluation forms, etc., which are used for volunteers in the Library. i Copies of the minutes of the Management Meeting of March 25 were distributed to the staff. The City Manager requested that the staff read through these minutes during the next week and to identify items to discuss further or which need clarification. This will be put on the agenda for next week's staff meeting. The Human Relations Director advised that she had met with the transit drivers to discuss affirmative action. She advised that she would be available to meet with other divisions/departments at staff meetings. Prepared by: aa. 0-4 A Lorraine Saeger ., i i i i _I MICROFILMED BY 'JORM MICROLAB 'CEOAR RAPIDS -DES 140INES y Informal Council Meeting DEPARTMENT REFERRALS April 13, 1981 +i W DATE REFERRED DATE SUBJECT RECD TO DUE COMMENTS/STATU Check design of basin on Broadway Stonnwater Detention 4-13 Public Wks (Braverman's). Is drain pipe obstructed (in relationship to North Dubuque Street Drainage4-13 Public Wks When will repair work be donea '1 i i Informal Council meetings 4-13 Info Will be scheduled from 3 - 5 P.M. beginning next fall. Greenwood Drive 4-13 ublic Wks Check for general condition. Is repair needed before asphalt overlai 1 Cracks in Asphalt Overlay 4-13 ublic Wks Check South Johnson & South Lucas south of College Street. in Road ship east of First Avenue Governor/rezoned area I Parks & Recreation Five -Year Plan 13 ublic Wks 13 ublic Wks 13 &PD 13 (Parks & Rec f MICROFILMED BY !JORM MICRO_ LAB .CEDAR RAPIDS -DES MOINES 1 1/2 blocks south of Lower Muscatine on Sycamore. Bus hi i bump and houses shake. Repairs are Recommendations and estimates i for repair. j. ave assessed values of property increased since rezoning? ange first sentence o rst aragraph on page 27 to reflect tanley report. Also include n endix listin existing school MINUTES OF STAFF MEETING April 22, 1981 Referrals from the informal and formal Council meetings were distributed to the staff for review and discussion (copy attached. Items for the agenda of May 5 include: j 1 Two resolutions from Housing ' 1 Ordinance amending the Uniform Building Code The informal agenda will include a discussion of the Benton Street right- of-way. The City Manager recalled the discussion at the last staff meeting regarding performance evaluations. He asked for volunteers from the staff to work with the Director of Human Relations on this project. Police Chief Miller and Don Schmeiser will serve in this capacity. The staff will be working with Tim x Shields of the Institute of Public Affairs. The City Manager deferred until next week's staff meeting the discussion of the minutes from the Management Meeting of March 25. ++ The City Manager advised that a Request for Proposals regarding space needs 1 has been drafted. This will go to architectural firms. A draft of this material will be circulated to the staff for comments and suggestions. The subject of building security was discussed. Rosemary Vitosh, Michael ! 1 Kucharzak and Dale Helling will meet to discuss solutions to the problem. The Director of Human Relations Department advised that Summer CETA proposals will be coming out this week. Prepared by: LZ4AAA, 3Z Lorraine Saeger 4 i f I I I� t i t i 1. is i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DES 1401NES i L.. � �._.�_ - _ �, _ __ A . � _ -._. _.� � •`:tea � _ _ -1 _ ..� -�- JL! •_ '. 1 Informal Council Meeting April 20, 1981 DEPARTMENT REFERRALS i A j MICROFILMED BY ,JORM MICROLAB 'CEDAR IRAPIDS•DES MOINES SUBJECT DATEa REC D D COMENWSTAM F i Bob Vevera's packet - address label 4-20 Lorraine Correct address. Dog control problem 4-20 Harvey Mill Contact Bob Vevera and obtain deta i l s. Write letter explaining financial" Persons who rented modulars on Clinton 4-20 Larry Chiat settlement and include financial statement. Street. eview w t ity anager a wee y I Benton Street extension 4-20 JSceiserhm/ oothroy meeting and obtain plan from Southgate. � enior Center 4-20 Bette Meisel Consult with Mercy Guild. Discuss with Manager at weekly L% pace allocation 4-20 Bette Meisel meeting and prepare draft report. Brachtel - implement A & B; report et [HousingInspection 4-20 Brachtel/ when it will be done. Miller Miller - Implement D Brachtel Zebra strip the cross walk. Fees 4-20 Mike K. 11 1 Defer until resolution for inspection', frequency is ready. j MICROFILMED BY ,JORM MICROLAB 'CEDAR IRAPIDS•DES MOINES inf6mal 'Council Meeting DEPARTMENT REFERRALS April 20, 1981 Pane 2 -7 SUBJECT UU DATE FWD REFERRED TO DATE COMMBM/STATIA Parking prevenue projections 4-20 Rosemary V. Report to City Council. Discuss ith City Manager. f just t Board of Adjustment 4-20 Schmeiser Problems with meeting schedulL�- bers out of City. Asphalt overlay 4-20 Schmadeke evise list with Friendship included. Discuss Sand Road with nanar C MICRDFILMED BY IJORM MICRO_ LAB CEDAR RAP I DS- DES MOINES Reg21, 1981 Regular Council Meeting April DEPARTMENT REFERRALS j MICROFILMED BY 'JORM MICROLAB 'CEDAR RAPIDS -DES 140INES SUBJECT DATE �c'o SER TO DATEpp�J�TS/STATIC DUE Public hearings 4-21 Lorraine Check for dates - all listed on agenda. j Benton Street Right-of-way 4-21 Lorraine Schedule for informal next we What other technique will work Cable TV - process to show slides used 4-21 Drew Shaffer better? at Council meeting P&PD presentation was repeat of info 4-21 P&PD Summarize such presentations in presented to City Council previously. the future. Letters to Lilly and Gutheinz 4-21 Lorraine Thanks for service G Appointments to City Attorney5 4-21 Lorraine p lus Mary and John Selection Committee No parking signs - Madison south of 4-21 rachtel When will parking be removed. Burlington ngineer/ Be sure that permits have been Ralston Creek at First Avenue 4••21 egal obtained. Be sure wording change is made Parks & Rec Five Year Plan 4-21 howalter in five year plan. Discuss in informal session. j MICROFILMED BY 'JORM MICROLAB 'CEDAR RAPIDS -DES 140INES --I -7"WED A,' -%R 2 U 1981 70: ':ROM: Rape Victb-il Advomcy P.,ug.-arj j;,nj-c:Ij Committee Itc.: Open House to meet the cs;idldates fc,,,- thn RVAl` Coordinator PosItion- ThLre %A,Iil be L4.1 ;P,"' hawse an May jr!d 11 from S:3(1-6:30 p.m. to give You an opporturs:q, to meet the 4 cF.'IdkW.,s balng Interviewed for the Rape Victim Advocnz.-y Frogram. Refreshments %vIII be served, MICROFILMED BY 'JORM MICROLAB "COAR RAPIDS -DES MOINES 7S % 4 --I -7"WED A,' -%R 2 U 1981 70: ':ROM: Rape Victb-il Advomcy P.,ug.-arj j;,nj-c:Ij Committee Itc.: Open House to meet the cs;idldates fc,,,- thn RVAl` Coordinator PosItion- ThLre %A,Iil be L4.1 ;P,"' hawse an May jr!d 11 from S:3(1-6:30 p.m. to give You an opporturs:q, to meet the 4 cF.'IdkW.,s balng Interviewed for the Rape Victim Advocnz.-y Frogram. Refreshments %vIII be served, MICROFILMED BY 'JORM MICROLAB "COAR RAPIDS -DES MOINES 7S the ENERGY SAVER new, APRIL 1981 CITY OF IOWA CITY NO. 10 PENNYTURGER ITS A NO—NO! RIDE Attention all drivers of City vehicles! One of the best ways to waste fuel is by letting your vehicle idle. An idling engine gets absolutely no miles per gallon. Gas engines will use about 3k gallons per hour, and diesel engines about 1 3/4 gallons when idling. There are many ways to cut down on idling. A popular belief is that a vehicle must warm 'up for a while especially in winter. Actually a vehicle need only idle for 30 seconds before driving. The key is to drive sl�owlyy for the first few mites. This saves fuel and is actually a more efficient way to warm the motor. When entering a stalled traffic situation such as accidents, railroad crossings, and fuel service lines, turn the ignition off. A common practice for many drivers is to park and leave the engine idling for the purpose of running the heater or air conditioner, or in order to maintain radio contact or to run a short errand. Don't leave the engine running unless the weather is extremely cold or unless the heater is needed for health reasons. To maintain radio contact the engine does not need to be running. Only the ignition switch needs to be on. If a gasoline engine will idle longer than one minute, turn it W BIKE You, a City employee, are at work and discover you must run a short errand. Beautiful weather is here and you would rather not climb into a hot, stuffy car but instead, ride a bike. However, many of you may not have a bike or if you do, don't ride it to work. No problem! Perhaps you remember that the City provided bicycles for employees to use last spring and summer. Five bicycles were available and some used everyday. Since employees took advantage of this opportunity last year, it will be provided again with a few changes. Only two of the bikes in use last year will be used this year. In addition, 5 abandoned bikes from the Police Department were chosen in order to improve the selection of bikes. In all, there are seven bikes; 1 mens 3 -speed, 1 mens 5 -speed, 3 mens 10 -speeds, 1 womens 3 -speed and 1 womens 10 -speed. The bicycles also willhave either carriers or baskets attached. The bikes have been given a tune-up and safety check and are equipped with licenses. The bikes will be parked in the bike rack by the east entrance of the Civic Center. Also, one will be available at the Recreation Center. To check a bike out, simply go to the Public Works Department on the ground floor of the Civic Center. The keys to the locks for each bike will be kept on the same board as the keys to the administrative car pool. There will be a sign -out sheet for you to indicate your nesse, which bike you take, and other such information. Please fill it out and you can be on your way. When finished, return the key and sign back in. If you notice that a bicycle is not functioning correctly, please notify Joe Fowler of the Parking Division, whose name and number will be located on the sign -out sheet, and he will then be able to arrange for any repairs. Also, please make a note of the problem on the sigrr out sheet so that others will know ahead of time not to use that bike. The service will begin in mid-May and run until next fall. Here is your opportunity to help the City in its drive to save money and conserve energy plus let you enjoy a warm, summer day! CONT..... energy conservation program,410 e.washington 31e/356•6044 G7&**' MICROFILMED BY 'JORM MICROLAB CEDAR RAP DS- DES I401HES T,:. GREEN POWER! If you ride an Iow-�it­-tius, you're being transported by green power. What's that? Well, last June, John Gatewood, Assistant Transit Manager, decided to do some investigating into alternative fuels for the bus system. He found out that one alternative would be to switch from the present #1 grade diesel fuel to a #1 and #2 grade mix. This mix also contains additives which color the fuel green, hence the name, green diesel. The green diesel would yield better power and mileage plus save 56 per gallon over the #1 grade fuel. Before implementing . this change, John tested the reality of better mileage on the buses. He found that the buses used 650 gallons of #1 diesel fuel per day and. only 570 gallons per day of the .fuel mixture. At a savings.of 5a per gallon and 80 gallons per day, a net savings Of $33,309 could be attained per year at the June, 1980 prices. The change was made and almost a year later this percentage of savings still holds true. What John has accomplished has helped the City, plus is an example of how individual effort can help reduce energy costs. idling... off. If a diesel engine will idle longer than 2 minutes, turn it off unless cold weather would make restarting difficult. Engine idling uses more fuel than restarting. Also idling is hard on engines because the oil pressure drops and more wear can occur. With the present cost of fuel in the U.S. it is plain foolish to allow engines to idle. 4� PAGE 2 U.S. POTENTIAL TO END OIL IMPORTS Will the U.S. ever be independent of oil imports? According to a recent study conducted by the Solar Energy Research Institute (SERI), it's possible to end all oil imports by the year 2000. However, this can only be accomplished if there is conservation of existing energy in addition to developing new sources of energy. Through individual and government action, the following could be accomplished by 2000. Policies, for tax reform and to give support for industrial research, would provide industries with needed funds to increase their energy efficiency and modernize their plants. If done, it would allow industrial output to increase by 46 percent, without consuming any more energy than they already are. Policies made to increase car, truck, aircraft and railroad fuel mileage would still allow for independent travel plus cut down on consumption of transportation fuel by 15 percent. If more applied research could be conducted for energy conservation in buildings, energy consumed by residential buildings could be reduced by the equivalent of 5 million barrels of oil per day. In commercial buildings it would be reduced by the equivalent of 3 million barrels per day. In addition, to do this would cost one-half as much as obtaining electricity, oil, or gas from new conventional sources. If passive solar systems, solar hot water heating, or any other solar energy system could be attached to existing buildings, this would supply the equivalent of approximately 2 million barrels of of per day. Biomass, such as wood or agricultural wastes, and other direct solar energy systems could supply industry with the equivalent of 2-6 million barrels of oil per day. These measures could allow us to utilize available energy sources by cutting down on consumption. However; -the possibility of seeing this happen is slim in view of the current administration's energy policies. note: Don't let the engine idle There will be no Nay issue of more than 30 seconds. the Energy Saver newsletter. Catch us again in June MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES We welcome any information or suggestions for the Energy Saver News. Please send them to the Energy Conservation Office in tho riuir raniar. ...7 • pPol. pay ices urs angry. word consideration during contract talks. The.association subsequently filed a countersuit seeking judicial review of the five items denied. No date has been set for the District Court review, but, when the dispute does wind up in court, Hatt said Wednesday a number of otber groups may intervene in behalf of the policemen's bargaining unit "At this point, it appears the state highway patrol unit, several police groups and the Iowa State Education Association will be intervening on the Iowa City Police, Patrolmen's Association's behalf in that court case," Hart said. "We've offered to settle the entire thing if they will give us what other city employees have, which is a shoe allowance and clothing allowance," Hart -said. "The total cost of that would be about $3,800. Instead, By Tom Walsh eminently fair .throughout this omr Jw. Cary a"w process, and I think these police IOWA CITY — Doug Hart.. the officers are losing sight of the fact negotiator for Iowa City police that they are already the highest- �of mers now involved in contract paid group of police officers in the talks with city officials, said' stat cof bar the Wednesday the city is "wasting twa, city of dollars" on what hethe and the 36 patrolmen represented by pedictsthousands, an unsuccessful predicts an la effort to undermine the Iowa City e ffo and m ber with the officers requesting 0 Police Patrolmen's Association. percent pay raise with cost -of -living "'they're trying to break the adjustments and the city offering no union is what they are trying to do," pay hikes at all. The union later Hart said to a telephone interview. scaled down its request to 6.5 "It's an independent association, and percent, and a recent fact fender's they think that, if they can run up report recommended 6 percent ' high, litigation costs for us, Nen the raises. union won't have any money to pay their side of the litigation, and then The union rejected the fact fmder's report, while the City Coun. i they will cave and then the city will cil later decid@d to reluctantly ' be able to force anything they want accept contract terms outlined by these police officers.' the fact finder. The neat round in the often. �on Iowa City Mayor John Balmer dismissed Hart's remarks as "absurd , stormy contract talks between the d ridiculous rhetoric' from a city and the police bargaining group gotiator." % will begin Friday in Des Moines, "I'm sorry it's come to this, but I when Hart and association repre- ame that in this case on the r sentatives will appear before the adership of the, union," Balmer state Public Employees Relations id 'today. '"llte city has been Board along with Steve Rynecki, a Milwaukee attorney hired by the City Council to handle the manage- ment side of the negotiations. Friday's bearing was requested. after the city refused to agree to binding arbitration, claiming a March 15 deadline for a new police contract wasn't met Hart claims the city willfully stalled the negotiations to ensure that the contract talks would extend beyond the state mandated deadline. "We had an arbitration scheduled for March 11, although the city claimed they weren't available that day," Hart said. The city has already riled suit in Johnson County District Court seek- ing a judicialreview of an earlier PER Hoard ruling that ordered the city to negotiate 15 of 20 Issues the police union considers "health and safety items" requiring mandatory 30 years ago Leaking naphtha was blamed for a fire at Cargill Inc.'s Cedar Rapids plant Judge orders acceptance ofp rison reform proposal DES MOINES (UP)) — Iowa corrections previously said he was in favor of the inmates' officials and prisoners at the Iowa State accepting the settlement originally offered. NA i. Penitentiary have been ordered to accept a prison State corrections officials were unavailable for MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L.'. IrNA.M.11h, AM I Cider RaPids/Thursday,April 30. 1 gel so I s.* in. . Iowa City hey'" chosen to litigate, *".b considering filing for an injunction Fing to cost them probably 52JM or a restraining order that would 0 $30.000 to, litigate soca oft prohibit the city from Implementing 've offered to settle for PAL 'Its new budget July I U the legal 7 We% take:a one-year coanwL besides over the pollee contract MOM tike the fact finder's awasil. aren't 'cleared up. :agrei'not to to to arbitration, "It's crazy to tie things up in we'll drop our litizatim and an litigation over $3.Wo,' Hart said. Other stuff If they% just Sim = 'rheyre forcing us to do things just clothing and shoe allowaisaL to offset what thefre'doln& All we they won't do that I don't are doing right now Is responding, Had said. Ws Like the (low not attacking. - e ag 'd a -Why :Y�flt , fire gbter. Linda) Eaton cow *Hart said it's possible the dispute 7W. Soft to spend $W,= is could linger on for years, but claims lantlor costs, and probably low all the existence of the policemen's 11,UZUon. ;they've never liti- association Isn't at stake. against us where they ve som "Because of the planned interven- We've beat them In ail the tion of these other groups, our cost (previous), arbitrations. and awn will' be minimal," Had said. wZbe .them in the negotiability is association has the available funds putes and everything else tbegke to take this clear to the Supreme = through the years." Court, . and they're prepared to Wd the assoclatim hi osser . absorb,. the costs of doing so.". - 49%k MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DCS MOINES